How to write the breach clause?

How to write the breach clause in the contract?

If Party A fails to fulfill its obligations as promised, it shall be deemed as breach of contract and pay liquidated damages to Party B.. Calculation of liquidated damages ................

How to write the liability for breach of contract is more reasonable?

During the performance of the contract, any party who breaches the contract or terminates the contract without authorization shall be liable for compensation of not less than% of the total contract price.

The liquidated damages shall be paid to the other party within one week from the date of termination of the contract or any party's unauthorized violation of this agreement.

How to express the breach clause in the engineering contract?

FIDIC (Chinese translation: Fidyk) is generally a model contract for engineering contracts, which stipulates general terms, special terms, arbitration rules and other matters. Dai can refer to some of its basic terms and the relevant provisions of the contract law to write a contract.

How to write the terms of the landlord's liability for breach of contract in the rental agreement?

Model individual housing lease contract

Lessor (Party A):

Lessee (Party B):

According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations. On the basis of equality and voluntariness, Party A and Party B, in order to clarify the rights and obligations of both parties, entered into this contract through consultation.

Article 1 The house is located in Room * *, Unit * *, Building * * of * * Community in * * City, including * * basement.

Facilities owned by the house: (water pipes, sewers, porcelain washbasins, toilets, washbasins, security nets, radiators, security doors) and other facilities.

Article 2 The lease term of the house is one year. From June to June.

Party B rents the house only for family daily life.

Upon the expiration of the lease, Party A has the right to take back the leased house, and Party B shall return it as scheduled. If Party B requests to renew the lease, it must notify Party A in writing three months before the lease expires. With the consent of Party A, Party B shall re-sign the lease contract while paying the annual rent for the second year. Under the same conditions, Party B has the priority to lease.

Article 3 The payment method of the rent in this contract is cash, which shall be paid first and then used. Party B shall pay the full annual rent to Party A in one lump sum, and the delivery date of the rent shall be the signing date and effective date of this contract.

Article 4 During the lease term, Party B shall bear the expenses such as electricity, water, property, heating and cable TV viewing fees.

Article 5 Rights and responsibilities of Party A and Party B:

(1) During the duration of the contract, neither party has the right to unilaterally terminate the performance of the contract. It shall be settled by both parties through consultation. If negotiation fails, it will not affect the execution of the contract (except the third paragraph of this article).

(2) Party B shall keep the house structure, equipment, articles, doors and windows intact during the residence. If there is any damage, it must be restored to its original appearance before the expiration of the contract, and the expenses arising therefrom shall be borne by Party B. ..

(3) During the lease period, Party B shall not lend or sublet the house to others. Shall not change the purpose of the lease or use the house for illegal and criminal activities. Don't change the structure of the house and damage it. In case of the above situation, Party A has the right to unilaterally terminate the execution of the contract, and the rent paid by Party B will not be returned to Party A, and Party B shall be responsible for the losses caused to Party A.. ..

Article 6 Matters not covered in this contract shall be settled by both parties through consultation.

This contract has two pages in total and is made in duplicate, one for each party.

Party A (signature): Party B (signature):

Year after year, month after month, year after year.

Address: Original address:

Work unit: Work unit:

Tel: Tel:

Mobile phone: mobile phone:

1. All fees should be clear. You must sign a rental contract when renting a house, and the rental contract should be detailed. Even if you don't know the details of the commonly used version of the house lease contract, it is necessary to clarify who will pay the water, electricity, gas, telephone, cable TV viewing fees, sanitation fees and property management fees, and list the figures before leasing to distinguish the responsibilities. House maintenance and expenses are also best written in the contract to avoid future troubles. Also check whether the last water, electricity, property management and optical fiber telephone charges have been settled.

2. The lessor in the house lease contract is generally the owner of the house, but not limited to the owner. Anyone who has the legal right to use the subject matter has the right to transfer the subject matter he uses to others and become a lessor. The lessee shall not claim that the contract is invalid and refuse to pay the rent on the grounds that the lessor does not enjoy the ownership of the house, and can only ask the lessor to bear the liability for breach of contract. At the same time, Article 224 of the Contract Law stipulates that the lessee may sublet the leased property to a third party with the consent of the lessor.

3. Who will bear the repair obligations and expenses of the house during the lease period. If there is a problem or failure in the use of the house and its ancillary equipment, who will repair it and who will bear the expenses? This is something that both parties need to make clear in advance, otherwise, once there is a problem, it will easily lead to disputes.

4. Confirm whether the person on the real estate license and the person who signed the contract with you are the same person, and check whether the lessor's real estate license and valid identification are consistent. Tenants must first ask the landlord to show their identity documents and the original household registration book, because many scammers now cheat with fake ID cards; Secondly, please ask the landlord to show the original certificate of ownership of the house, plus the property right certificate or the use right certificate. If you are handling the property right certificate, you should show the purchase contract signed with the original property right unit.

5. Payment method and term of rent. This is also a key issue for both sides to consider, whether it is once every three months or once every six months or even once a year. The two sides should clearly agree, otherwise, it is easy to produce contradictions.

6. If the lessee sublets, the lease contract between the lessee and the lessor shall continue to be performed. ......

How to write the terms?

The form of the loan should be correct, and if the content is not illegal, it will have legal effect.

I. Requirements for IOUs

1. The legal full names of the borrower and the lender shall be clearly written;

2. The loan amount should be clearly written, including the amount expressed in words and figures;

3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;

4. The specific repayment date should be clearly written;

5. The loan interest should be clearly written, with a clear annual interest rate or monthly interest rate, and the total amount of loan interest that should be paid in the end (including the amount expressed in words and figures);

6. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;

7. There should be the borrower's personal signature, handprint or handwritten signature.

Second, the writing format (format)

receipt for a loan

Today, Party A lends Party B RMB ten thousand Yuan only, namely 10000.00 Yuan, with a term of six months, from February 9, 2006 to August 8, 2006. The interest rate is 0.8% per month, and the interest * * * is RMB 4,800.00 Yuan only. In August 2006, all the principal and interest were repaid.

Borrower: B (signature, handprint, signature)

Third, matters needing attention

1. It is best to attach a copy of the borrower's ID card (or the borrower's address) and contact information. The purpose is to facilitate prosecution when repayment is not made;

2. If the repayment date is written, the limitation of action shall be calculated from the second day of the due repayment date; If the date of repayment is not specified, it shall be calculated from the date of the independent right; The statute of limitations is 2 years.

Model essay on liquidated damages clause

If the seller fails to deliver the goods on time or the buyer fails to deliver the goods on time and open the letter of credit. The main content is to stipulate the amount of fines or liquidated damages to compensate the other party's losses. The payment of the fine does not exempt the breaching party from continuing to perform its obligations. Therefore, in addition to paying the fine, the breaching party should still perform its contractual obligations. If the contract cannot be performed for some reason, the other party has the right to claim compensation in addition to collecting fines. The laws of common law countries only recognize damages and do not recognize punitive fines. Therefore, when trading with Britain, the United States, Australia, New Zealand and other countries, we should pay attention to the legality of the agreed fine. Penalty clauses are usually used in contracts for bulk commodities or complete sets of equipment. Legitimacy Any contract clause can have its own effect only if it has legitimacy. Clauses that lack legitimacy, no matter how fancy, are illusory. The main factor affecting the legality of the liquidated damages clause is that the agreed amount of liquidated damages is too high. According to the second paragraph of Article 114 of the Contract Law, if the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or the arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. " If the agreed liquidated damages are excessively higher than the losses caused, the breaching party may request an appropriate reduction. So how to determine whether the liquidated damages are "excessively higher than the losses caused"? According to the relevant judicial interpretation of the Supreme People's Court, the people's court should comprehensively consider the actual loss, the performance of the contract, the degree of fault of the parties and the expected interests, and measure them according to the principles of fairness and good faith. If the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be regarded as "excessively higher than the losses caused" as stipulated in the second paragraph of Article 114 of the Contract Law. After defining the characteristics of excellent penalty clauses, it will be much easier to design them. The structure of the penalty clause can be divided into two parts: "applicable conditions" and "penalty amount" The manifestations of breach of contract include non-performance, defective performance and delayed performance, and applicable conditions can be designed according to the manifestations of breach of contract. It is very important to make the breach of contract identifiable, and even to list the specific breach of contract to which the liquidated damages apply. The Contract Law stipulates that the amount of liquidated damages can be set as a specific amount or as a method for calculating liquidated damages (loss compensation), but no matter which method is adopted, it should be determined according to the situation of breach of contract, and it is not appropriate to make a big opening. If the agreed liquidated damages are lower than the losses caused, and the parties request the people's court to increase them, the increased liquidated damages shall not exceed the actual losses. According to the relevant judicial interpretation in the Supreme People's Court, the standard of excessive losses is more than 30% of the losses caused. Therefore, in order to enhance the deterrent effect of liquidated damages, the amount of liquidated damages can be appropriately increased according to the situation of breach of contract. Liquidated damages refer to what the parties agreed in the contract or stipulated by law. When one party breaches the contract, it shall pay a certain amount of compensation to the other party. Liquidated damages have the nature of compensation. If the liquidated damages agreed by the parties are lower or higher than the losses caused by the breach of contract, the parties may request the people's court or the arbitration organ to increase or appropriately reduce them. The penalty clause is an important clause in the contract, which is an important measure to ensure the full performance of the contract, compensate the losses of the observant party and punish the defaulting party for breach of contract. Because liquidated damages are contract terms, we should fully respect the wishes of the parties to the contract and embody the rule of law principle of private autonomy; At the same time, because liquidated damages are the way of civil liability, the people's court can adjust liquidated damages based on public power to ensure the fairness of the contract. In order to balance the application of the principle of freedom of contract and contract justice, the adjustment of liquidated damages should be based on the principle of respecting the agreement of the parties, supplemented by the intervention and adjustment of public power. The comparison standard of too high or too low liquidated damages is the actual loss of the observant party, which should include direct loss and performance interests; The adjustment range of liquidated damages reflects the degree of punishment and the substantive justice of the contract, so the punishment degree of the breaching party should be related to the degree of its fault. Article 114 of the Contract Law stipulates that "when one party breaches the contract, the parties may agree to pay a certain amount of liquidated damages to the other party according to the situation of the breach, or agree on the calculation method of the amount of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties delay the performance of the agreed liquidated damages, the breaching party shall also perform the debt after paying the liquidated damages. " From the first paragraph of this article ......

How to write and bear the liability for breach of contract, model clauses

I have

How to write the liability for breach of contract

10-2 if party a fails to inform party b in this contract that the house has been mortgaged or the transfer of property rights has been restricted, thus causing losses to party b, party a shall be responsible for compensation. 10-3 during the lease period, if Party A fails to perform the repair and maintenance responsibilities agreed in this contract in time, resulting in damage to the house, property loss or personal injury to Party B, Party A shall be liable for compensation. During the lease period of 10-4, if Party A terminates this contract without authorization and takes back the house in advance, Party A shall pay Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 10-5 If Party B decorates the house or increases ancillary facilities without or beyond the written consent of Party A, Party A may request Party B to _ _ _ _ _ _ _ _ (restore the house to its original state/compensate for losses).

How to write the liability for breach of contract

It depends on the content of the contract.

Such as sales contracts, the liability for breach of contract for "the quality of the subject matter is inconsistent" and the liability for breach of contract for not paying on time; In the project contract, the liability for breach of contract caused by unqualified project quality and delay in construction period.