1. Is there a penalty for signing a contract without a loan?
After signing the contract, there is no need to pay liquidated damages without a loan. It is very important to have a breach clause in the contract. Of course, it doesn't mean that it can't be handled without it. We are now a country ruled by law and there are many legal restrictions. If one party breaches the contract, it shall unconditionally compensate the other party for related losses. If the circumstances are serious, it will be dealt with seriously according to the relevant laws of the state.
2. What are the exemptions for breach of contract?
Not all breaches of contract require the breaching party to bear corresponding liabilities for breach of contract. The reasons for exemption include:
1, Force Majeure (statutory)
The so-called force majeure refers to the unforeseeable, unavoidable and insurmountable objective situation. Force majeure mainly includes the following situations:
(1) Natural disasters, such as typhoon, flood and hail;
(2) government actions, such as expropriation and requisition;
(3) Abnormal social events, such as strikes and wars.
2. When applying force majeure, pay attention to the following questions:
(1) Force Majeure clause, which can directly refer to legal provisions;
(2) The force majeure clause is a statutory exemption clause. If the agreed force majeure clause is less than the legal scope, the parties can still invoke the legal provisions to claim exemption; If it is greater than the legal scope, the excess shall be regarded as another exemption clause;
(3) The force majeure clause is mandatory, and it shall not be agreed to exclude force majeure from the exemption scope. If the contract cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole according to the influence of force majeure. With the following exceptions:
(1) The deferred liability of monetary debt shall not be exempted due to force majeure.
(2) Force majeure during the delay in performance cannot be exempted from liability.
Third, what responsibilities may be assumed after breach of contract?
1, continue execution. When one party breaches the contract, if the observant party has fulfilled its contractual obligations, it may require the defaulting party to continue to perform the contract. Of course, this must be a contract that can continue to be performed. If it cannot continue to perform, the non-breaching party cannot force the breaching party to continue to perform.
2. Take remedial measures. The quality of the contract is not in conformity with the contract, and after the supplementary agreement, the two parties to the contract can not reach a supplementary agreement, nor can they be determined according to the relevant provisions of the contract or trading habits. According to the nature of the subject matter and the size of the loss, the injured party can reasonably choose to ask the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration.
3. compensate for the losses. It refers to the responsibility that one party should compensate the non-defaulting party for the losses caused to the other party by its non-performance of contractual debts. Of course, if the loss is not caused by breach of contract, then the non-breaching party cannot claim compensation for the loss.
4. Deposit responsibility. The deposit is mainly used as a guarantee for creditor's rights. After one party has performed its debts, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
5. Liability for liquidated damages. It can be agreed by the parties, or it can be directly stipulated by law that when one party fails to perform the contract, it will pay a certain amount of money to the other party.
According to the relevant provisions of China's laws, the liquidated damages are generally determined according to the possible losses caused by one party's default predicted by both parties. In addition, in practice, if the agreed liquidated damages are "lower" than the actual losses, the observant party can bring a lawsuit to the court to request an increase in liquidated damages when it demands the defaulting party to bear the liability for breach of contract after one party breaches the contract; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.