How to write an official letter when the other party fails to perform the contract? Model notice of liability for breach of contract
_ _ _ Company: _ _ _ _ Law Firm: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After the conclusion of the agreement, your company failed to go through the information disclosure and filing procedures according to law. The above behavior of your company has caused economic losses to the client. Please refund the XX deposit and the joining fee charged from the commodity price to the customer within _ _ _ days after receiving the letter. And compensate the loss of the client _ _ _ _ _ _ _ _ _ _ _ _ _ or contact the client himself for negotiation. Overdue, this lawyer will prosecute according to law. I am writing this letter. Thank you. Salute. _ _ _ law firm, lawyer: year month day.
How to determine the compensation amount for breach of contract? The amount of liquidated damages specifically includes the loss of actual interests and the loss of available interests. Among them, the actual loss interest is intuitive and easy to calculate, and the following three points should be grasped specifically: (1) There is no penalty clause in the contract, but if there is a calculation method for the loss compensation caused by breach of contract, it can be calculated according to this calculation method. (2) If the calculation method of compensation for breach of contract is not stipulated in the contract, there may be relevant payment vouchers and written evidence to support the two parties to reach an agreement. (3) If both parties can't reach a consensus on the actual loss amount, they can bring a lawsuit to the court, and the court will make a judgment after examination. The loss of available benefits refers to the possible loss caused by the breach of contract at the time of conclusion of the contract or should be foreseen.
What is the focus of calculating the expected loss of income? (1) time point: the time when the contract is concluded is taken as the time point for calculating the expected income. (2) The maximum loss amount should be based on the foreseeable expected income under the premise of contract performance. (3) The expected benefits should be the losses that may be caused by breach of contract, which are clearly agreed by the parties in the contract or foreseen by the breaching party when concluding the contract, and the consequences of losses that the breaching party or the injuring party should bear.
In addition, we should also pay attention to the subjective malice of the defaulting party and the legitimacy and rationality of the benefits obtained by the observant party due to the other party's breach of contract. To sum up, we know that when the other party fails to perform the contract, it is necessary to investigate the other party's liability for breach of contract. If damage is caused, it can claim damages or send it to ICBC for dunning before prosecution.