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The Liability for Breach of the Warehousing Contract and the Way of Undertaking

by:CNS     2021-07-18
The liability for breach of the storage contract and the way of assuming it 2021-06-20 15:01:28 The liability for breach of the storage contract refers to the civil liability that the parties to the storage contract must bear when there is a breach of the storage contract. There are several ways to bear the liability for breach of contract: 1. Payment of liquidated damages In the storage contract, the compensatory liquidated damages refer to the predetermined amount of compensation made by the stockholder and the custodian for the losses that may be caused by the breach of the storage contract. Liquidated damages are divided into statutory liquidated damages and agreed liquidated damages. Statutory liquidated damages refer to liquidated damages that are clearly stipulated by laws or regulations. The agreed liquidated damages refer to the liquidated damages negotiated and determined by the parties to the storage contract when signing the contract. It is an expression of the independent will of the parties to the storage contract. There is no proportional range, and it is completely determined by the stockholder and the custodian through consultation. When there is a conflict between the statutory liquidated damages and the agreed liquidated damages, the agreed liquidated damages shall prevail. According to the principles of good faith and fairness, it is also necessary for the state to moderately intervene in agreed liquidated damages. 2. Compensation for damages. Compensation for damages refers to the fact that one party to the contract fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, after the breaching party performs its obligations or takes other remedial measures, when the other party has other losses, the breaching party shall bear Liability for damages. The most significant characteristic of damages is compensation, which is used to compensate for the insufficiency of liquidated damages. The actual loss of the injured party includes direct economic loss and indirect economic loss. Direct economic loss, also known as actual loss, refers to the reduction of property directly caused by one party to the storage contract due to the other party's illegal acts. Indirect economic loss refers to the loss of the benefits actually obtained by the other party due to the breach of the warehousing contract, including: loss of profit, mainly refers to the profit that the damaged property can bring; loss of profit, natural fruits Loss and so on. 3. Continued performance Continued performance means that when one party fails to perform the contract, the other party has the right to require the breaching party to perform its obligations in accordance with the subject matter stipulated in the contract, or to request the court to force the breaching party to perform its obligations in accordance with the subject matter stipulated in the contract, without being able to pay liquidated damages And compensation instead of performance. In the warehousing contract, Guangzhou Freight Company requires the continued performance of a right as a non-defaulting party. Whether it needs to continue to perform depends on the non-defaulting party of the warehousing contract. He can request the payment of liquidated damages, compensation, or continue to perform . 4. Taking remedial measures Remedial measures refer to the form of liability for breach of contract undertaken by the breaching party in accordance with the law in order to prevent further expansion of losses by Guangzhou-Jinan Logistics after the breaching party causes losses to the other party. Such as the replacement of storage items, supplementary quantities and so on. In a warehousing contract, this kind of remedy is manifested in that the parties can choose to repay the additional expenses of storage, maintenance, transportation and miscellaneous expenses, and generally do not take the form of compensation in kind.
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