What is liability for breach of contract?

What is liability for breach of contract?

Liability for breach of contract refers to the civil liability arising from the failure of the parties to a contract to perform their contractual obligations or the performance of their contractual obligations inconsistent with the contract.

Let me explain to you what liability for breach of contract is. Welcome to read!

What is liability for breach of contract?

Liability for breach of contract refers to the civil liability arising from the failure of the parties to a contract to perform their contractual obligations or the performance of their contractual obligations inconsistent with the contract.

A contract is established in accordance with the law and is legally binding on the parties. The parties should perform their obligations in accordance with the provisions of the contract.

If you fail to perform or the performance does not comply with the agreement, you will be liable for breach of contract.

Liability for breach of contract is a concentrated expression of the binding force of the contract. Without liability for breach of contract, the legally binding nature of the contract becomes an empty phrase.

The liability system for breach of contract is an important measure to ensure that the parties perform their contractual obligations. It is conducive to promoting the performance of the contract and making up for the economic losses caused by breach of contract.

Liability for breach of contract has the following characteristics: (1) Liability for breach of contract is a form of civil liability.

According to the provisions of the General Principles of Civil Law, civil liability includes liability for breach of contract and liability for tort.

Therefore, liability for breach of contract is neither criminal liability nor administrative liability, but falls within the scope of civil liability.

(2) Liability for breach of contract is the liability arising from breach of contractual obligations.

The occurrence of liability for breach of contract is based on the existence of contractual obligations. Without contractual obligations, there will be no liability for breach of contract. Therefore, when you violate first-contract obligations, post-contract obligations, and other legal obligations stipulated in the contract law, you will not be liable for breach of contract.

, but other civil liabilities.

There are many types of civil liabilities arising from contracts, including liability for breach of contract, as well as civil liabilities arising from contracting fault, termination of the contract, invalidity of the contract, and the non-breaching party's failure to fulfill its obligation to reduce losses.

Liability for breach of contract cannot be confused with civil liability arising from a contract.

(3) Liability for breach of contract is the responsibility between specific parties.

A contract is a relationship between the parties, and its obligations are also the obligations between the parties.

Therefore, liability for breach of contract can only arise between the parties to the contract and cannot arise outside the parties.

(4) Liability for breach of contract is arbitrary. Unless the law stipulates liability for breach of contract, liability for breach of contract is generally agreed by the parties themselves, including the way to bear liability for breach of contract, the amount of liquidated damages, the calculation method of compensation losses, etc. The parties can decide on their own

Agreement.

(5) Liability for breach of contract has the dual nature of compensatory and punitive nature.

Compensation is reflected in the fact that after one party breaches the contract, the other party can obtain compensation by requiring continued performance, taking remedial measures, and paying liquidated damages or compensation.

Its punitive nature is reflected in the situation where the penalties in the deposit clause and the agreed liquidated damages are higher than the actual losses.

What is liability for breach of employment contract?

The legal liability of a party to a labor contract who violates the provisions of the labor contract due to fault and fails to perform or fully perform the obligations of the labor contract is called liability for breach of contract.

1. The meaning and characteristics of liability for breach of contract in labor contracts. According to my country’s current labor contract legislation and the general understanding of liability for breach of contract in the legal community, parties to a labor contract who violate the provisions of the labor contract due to fault and do not perform or fully perform their obligations under the labor contract shall be held liable. The legal liability is called the liability for breach of contract of labor contract.

It has the following characteristics: (1) The party has committed an act of not performing the labor contract or improperly performing the labor contract.

That is, one or both parties fail to perform the contract in accordance with the terms agreed in the contract.

For example, the employer fails to provide statutory or contracted labor conditions; fails to pay labor remuneration in full and on time; or the employee fails to complete work tasks on time, seriously violates the employer's internal rules and regulations and labor disciplines, etc., which will directly affect the labor contract.

fulfill.

(2) The party concerned must be subjectively at fault.

The employer or worker is subjectively at fault, including intentional and negligent mental states.

Regardless of whether the parties intentionally fail to perform or improperly perform the terms of the labor contract, or fail to perform or improperly perform the terms of the labor contract due to a negligent state of mind, they shall be liable for breach of contract.

As for the principle of liability for breach of contract in labor contracts, most scholars in the legal field believe that the principle of fault liability is adopted.

(3) The inclination of responsibility.

Looking at the labor legislation of various countries, in order to protect the disadvantaged workers, generally there are more clauses and heavier liability for breach of contract on the employer, while the liability for breach of contract on the employee is lighter and less stipulated.

.

For example, the "Japanese Labor Standards Law" not only stipulates in principle a number of prohibitive clauses for employers in the general provisions: employers are prohibited from using unequal treatment, forced labor, intermediary deductions, refusing workers to exercise their right to vote, etc. in performing official duties.

It takes time, etc.; and there are several clauses in the special chapter of the "Labor Contract" that restrict the employer's behavior, which is regarded as a breach of contract and shall bear legal liability.

In Chapter 12 of my country's Labor Law, from Articles 89 to 100, the legal responsibilities of the employer are stipulated in 12 articles.