Breach of Contract The trustworthy party may choose to apply a deposit or liquidated damages .

Mondo Social Updated on 2024-02-03

Liability for breach of contract in today's contract; For example, one day, Xiao Li took a fancy to a product worth (8,500 yuan) in the ""Visiting the Electrical Appliance Mall to coincide with the anniversary celebration", and he was very satisfied and excited; Thinking of waiting for the end of the month to pay wages before buying, but afraid of missing it for a while, at this time, Xiao Li and the "shop owner" after some communication first paid a deposit (Wu Baiyuan) as a deposit, (the receipt indicates: if the buyer does not pick up the goods at the agreed time and settle the balance of the deposit will not be returned, if the seller fails to deliver to the buyer on time; A few days later, it was time to pick up the goods, Xiao Li came to the location to pick up the goods with great interest, found the "original store owner" and told him to come to pick up the product, but the store owner said with an embarrassed face that your product was favored by a customer yesterday, and the customer expressed his willingness to add Q, thinking that it would be very fast to order it back, and the follow-up was omitted.

Links to legal provisions; (Civil Code) Article 88; Competing options for liquidated damages and deposits: If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract.

If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

At this time, "Xiao Li belongs to the agreed deposit" in the text can claim double compensation from the seller, that is, 2 times the deposit (if the receipt has also indicated both parties: "there is a competition of both liquidated damages and an agreed deposit", then Xiao Li can choose to claim compensation from the breaching party by applying the liquidated damages or deposit clauses). )

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