1, negotiated;
2. It shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
How to compensate the other party for breach of contract:
1, according to whether the parties agree on liquidated damages, it can be divided into agreed compensation and legal compensation.
Agreed compensation includes two situations: the parties agree on compensation clauses in the contract, and the other is that the contract is not agreed, but a compensation agreement is reached after the contract is established;
2. Agreed compensation
When concluding a contract, the parties to the contract agree in advance on the calculation method of compensation arising from one party's breach of contract or pay a certain amount of money to the other party. Because it is difficult to determine the scope of loss when concluding a contract, the parties can only agree on the calculation method of compensation in the contract, but not the fixed amount of compensation. Compensation can be determined in monetary or non-monetary ways;
3. Statutory compensation
It means that when one party breaches the contract and causes losses to the other party, the compensation amount is calculated according to the method stipulated by law.
To sum up, after the contract comes into effect, both parties can agree on the specific calculation method of liquidated damages through supplementary agreement or when signing the contract, so if one party fails to perform its obligations, the other party can terminate the contract or demand to bear the liability for breach of contract. If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Legal basis:
Article 577 of the Civil Code of People's Republic of China (PRC)
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.