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| 主题: Adidas Jeremy Scott Teddy Bear 周一 十二月 10, 2012 11:39 am | |
| Force Majeure: 101 means unforeseeable, unavoidable and insurmountable objective conditions.Its characteristics: has no foresight; is unavoidable and insurmountable; belongs to the objective situation.It includes: to natural disasters; the government behavior; the social anomaly.Due to force majeure is unable to perform the contract, according to the effects of force majeure, part or all exempt, except as otherwise stipulated by law.The delay in performance after the occurrence of force majeure, it is not exempted from liability.102: concurrence is due to certain legal facts appear and lead to two or more than two kinds of liability, the liability are mutual conflict.Its characteristics: coincident liability as a result Jeremy Scott Adidas of a breach by; a breach with two http://www.jeremyscottnew.com/ or more than two of the components of the liability; and several liability mutual conflict.Liability for breach of contract and tort liability competing reasons: parties of contract breach and infringement of the legal provisions of the mandatory obligations and other statutory obligation of omission; in some cases, tort behavior directly breach causes, this is the default behavior of infringement; the illegal acts to commit a tort., between offender and victim prior presence of a contractual relationship; a violation is only compatible with a liability, but the legal protection from the victim's interests, require the parties according to the tort system request and proceedings, or tort liability into contract responsibility range.Processing: in the event of default liability and tortious liability concurrence of circumstances, allow him to choose a liability litigation.103 liability for breach of contract and tort liability: the imputation principle of different.Our country on tort liability take fault liability, strict liability and the principle of fair liability, and the liability of contract is taken by the principle of presumption of fault.The burden of proof in different.In the general tort liability, the victim shall have the obligation to tortfeasor's fault problem of burden of proof; in the special tort liability of inflicter, shall be required to prove himself not at fault.In the contract, the victims need only prove breach is a breach of contract, do not have to prove whether there is fault.The components of the liability of different.The liability for breach of contract, as long as Adidas Jeremy Scott Panda Bear the default behavior and do not have valid reasons, it shall bear the liability for breach of contract.But in the liability Adidas Jeremy Scott Teddy Bear for tort, the fact of damage is the infringement liability for damages and the conditions, no damage to the fact that there is no liability for tort.The exemption in different conditions.The liability for breach of contract, legal disclaimers to force majeure, but the party can be agreed in advance of exemption clauses and the specific scope of force majeure.On the tort liability of the parties may agree, no exceptions, but legal disclaimers are not limited to the event of force majeure, also include accidents, third people behavior, self-defense and necessity.The different forms of liability.The liability for the breach of contract damages, including the payment of liquidated damages, the deposit, actual performance, damages by the prior agreement.Tort liability is the main form of damage compensation, the compensation shall be agreed by parties to achieve. | |
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