Legal analysis
The concurrence of liability for breach of contract and tort liability is a hot topic in the field of civil law. How to solve the concurrence of liabilities, most opinions are to allow the victim to choose the right of claim. The victim can ask the infringer to bear civil liability for breach of contract or tort, and he can only choose one and cannot exercise two rights of claim. The concurrence of liability for breach of contract and tort liability means that the debtor's illegal behavior conforms to the elements of breach of contract and tort at the same time, which leads to the simultaneous occurrence of liability for breach of contract and tort liability, and the liability for breach of contract also leads to the creditor's rights, and the two claims overlap, forming the concurrence of claims. If the creditor is allowed to exercise two creditor's rights without restriction, it will lead to the debtor's double civil liability because of the overlapping creditor's rights, resulting in injustice. Breach of contract is caused by a third person, and it is a breach of contract caused by a third person. If one party breaches the contract due to the third party, and the third party's delay in delivery causes one party to delay performance, it shall bear the liability for breach of contract. After the parties bear the liability for breach of contract, they shall recover from the third party. If an accident caused by a third party causes one party to breach the contract and the third party is unable to compensate, the losses shall be shared by both parties.
legal ground
People's Republic of China (PRC) Civil Code
Article 186 If a party breaches the contract and damages the personal rights and property rights of the other party, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
Article 495 Subscription Book, Order Book, Appointment Book, etc. A contract that the parties agree to conclude in a certain period of time in the future constitutes an appointment contract. If one party fails to perform the obligation of concluding a contract as stipulated in the appointment contract, the other party may require it to bear the responsibility for violating the appointment contract.
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.