| 1. | The party in breach shall in any case be liable to the other party for all damages caused by the breach 无论如何,违约方有责任赔偿另一方因该等违约而造成的一切损害。 |
| 2. | If he fails to take such measures , the party in breach may claim a reduction in the damages in the amount by which the loss should have been mitigated 如果他不采取这种措施,违反合同一方可以要求从损害赔偿中扣除原可以减轻的损失数额。 |
| 3. | " contravention of an enforcement notice is an offence and the party in breach might be liable to a maximum fine of $ 50 , 000 and two years imprisonment , " mr . lau added 违反执行通知即属犯罪。违例者一经定罪,最高可被判处罚款50 , 000元及监禁两年。 |
| 4. | The party in breach shall have thiry ( 30 ) days from receipt of a notice form the other party specifying the breach to correct such breach if it is remediable 违约方应在收到另一方指明其违约行为的通知后三十( 30 )日内,纠正其违约行为(若该违约行为是可以纠正的) 。 |
| 5. | The defaulting party ' s liability for damages shall equal to the loss suffered by the other party as a consequence of the breach but not exceeding the losses foreseeable by the party in breach at the time of the conclusion of the agreement 违约方的损害赔偿责任应相当于另一方因其违约而遭受的损失,但不得超过违约方在订立本协议时所能预见的损失。 |
| 6. | Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract , in the light of the facts and matters of which he then knew or ought to have known , as a possible consequence of the breach of contract 这种损害赔偿不得超过违反合同一方在订立合同时,依照他当时已知道或理应知道的事实和情况,对违反合同预料到或理应预料到的可能损失。 |
| 7. | The methods restricting damages imposed on the party in breach mainly are : the rule of foreseeability , the rule of balancing out increase and decrease , the rule of contributory negligence , and the rule of mitigation of damage 但是,并不是合同相对人事实上蒙受的全部损害都能得到赔偿,换言之,违约方的损害赔偿是受到限定的。违约方损害赔偿的限定规则主要有:可预见性规则、损益相抵规则、过失相抵规则、减损规则。 |
| 8. | The rule of mitigation doctrine is applied when the following are satisfied . ( 1 ) the damage is resulted from the breach of contract by the party in breach , ( 2 ) the aggrieved party does not take reasonable steps to mitigate the damage , and ( 3 ) thus makes the damage aggravated 减损规则的适用条件有三,一是损害的发生由违约方所致,二是受害方未采取合理措施防止损害扩大,三是损害因受害方未采取合理措施而扩大。 |
| 9. | The sixth part makes a try at putting measures to mitigate into groups such as suspending performance , specific performance , replacement transaction , etc . the last part explains the consequence of mitigation , that is , the portion of the aggrieved parry ' s loss which is attributable to his failure to mitigate will be unrecoverable , the aggrieved party may recover from the party in breach of contract the reasonable expenses incurred by it in mitigating the harm , additional profits obtained by the aggrieved party will not be deducted from damages , provided they are independent of its mitigation activities 第六部分试图对减损措施进行具体化,提出一些类型化的措施,如停止履行、替代安排、继续履行等。第七部分论述了减轻损失的法律后果。包括未采取合理措施减轻的损失不得获偿,因减轻损失而产生的合理费用应获补偿,与减损行为无关的额外收益不得扣除等问题。 |
| 10. | If some enterprise shareholder does not perform his responsibility of the contract to invest in ( or provide cooperative condition ) , those who keep the contract apply to replace the shareholder or change the ownership of shareholder shall represent : certificate of the observant party urging the party in breach to pay or pay off the investment ; one copy of the notice on payment of the enterprise registered capital by the municipal industrial and commercial bureau ( checked with the original ) ; the party in breach who has partially paid the investment as the original contract said shall represent the original document of the enterprise dealing with the partial investment 企业股东不履行企业合同规定的出资(包括提供合作条件)义务,守约股东依法申请更换股东、变更股权的,提交:守约方催告违约方缴付或缴清出资的证明文件;市工商局出具的《企业注册资本催缴通知书》复印件1份(核对原件) ;违约方已经按照企业原合同规定缴付部分出资的,提交企业对违约方的部分出资进行清理的有关文件原件。 |