How does the court judge the service agreement contract of property breach?

Provisions on the judgment of violating the property contract:

1, the judgment of breach of property contract requires the court to judge the liability for breach of contract strictly according to the evidence provided by both parties and the facts ascertained through examination. Whether the property company is liable for breach of contract in the contract should be judged according to the specific situation. It is stipulated in the breach clause of the property company that the specific amount of liquidated damages that should be paid by both parties in case of breach of contract can be stipulated in the contract. Breach of property contract needs to bear the liability for breach of contract, such as paying liquidated damages or continuing to perform the contract and compensating for losses. When signing a property service contract, determine the specific liquidated damages or agree on the calculation method of liquidated damages. The Liability for Breach of Property Contract stipulates that when one party fails to perform its contractual obligations, the other party may require the defaulting party to bear certain liabilities for breach of contract. There is no liquidated damages in the property contract, and the specific liquidated damages can be determined according to the actual losses of the parties. According to the law on liquidated damages in the property contract, both parties can freely negotiate to determine the terms of property fees and liquidated damages. Whether to collect liquidated damages for property fees can be decided by both parties. The liquidated damages shall be determined by both parties through consultation, and the amount is not limited, generally based on the size of the losses that may be caused by one party's breach of contract predicted by both parties;

2. If the liquidated damages agreed by one party after breach of contract are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; 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.

There are usually two ways to stipulate the liability for breach of contract:

1, which is a special default clause;

2. Agreeing with quality responsibility and delivery responsibility at the same time is more subtle than the special provisions on liability for breach of contract, but it has certain limitations.

To sum up, the agreement on the liability for breach of contract should not only include "bearing the liability for breach of contract according to law" and "bearing the liability for compensation according to law". Such an agreement must bear the burden of proof, otherwise it is impossible to claim compensation. Therefore, regarding the provisions on the liability for breach of contract, the procedure, amount or calculation method of the liability for breach of contract should be made clear, and the simplest and simplest way is to directly stipulate that the breaching party should pay the liquidated damages.

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.