5 thoughts on “How to calculate the contract liquidated damages?”
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51 " The question about how to calculate the contract liquidated damages should be divided into three cases. First, it depends on whether there is an agreement on the contract for the contract. It is a specific amount, or it may be a calculation method of a liquidated damage. The second case is that if the contract does not agree on the liquidated damages, or if the agreement is not clear, the detention party is because of the other party’s How much losses have caused by the breach of contract, the amount of this loss is the default damage that the breach party should bear. The third is that if the loss of the contractor is not easy to calculate, then the breach of the contract can also be based on the breach of the contract. The benefits obtained, this interest can be calculated as a amount of liquidated damages.
Payment liquidated damages are one of the methods of contract liability for contract breach. The contract liquidated damages are divided into legal liquidated damages and agreed liquidated damages. As long as the parties have no special agreement, the act of paying the liquidated damage cannot replace the contract. After gold, the obligation to fulfill the main debt. Please read below for specific characteristics and calculation standards. The characteristics of defaults (1) The amount of liquidated damages is pre -determined by the two parties; (2) The liquidated damages are remedy after breach of contract; (3) default Gold's payment is an independent payment outside the performance. In other words, as long as the parties have no special agreement, the behavior of paying liquidated damages cannot replace the contract, and the parties shall not be exempted from performing the obligation to perform the main debt after paying the liquidated damage (Article 3) of the Contract Law). The contract liquidated damages 1. The general principle provisions applied to the liquidated damages. (1) The contract has a specific agreement on the liquidated damages. If there is no contract or an agreement on the liquidated damages, it is not agreed. (2) The calculation basis for liquidated damages is the total contract price. (3) The agreed amount of liquidated damages is generally limited to the total amount of prices that do not exceed the part of the contract. 2. The calculation of the liquidated damages of overdue payment should be paid attention to the calculation basis in different periods. Since 1996, the People's Bank of China has adjusted the calculation standards for overdue penalties four times, that is, it is adjusted to 5 millionth, 4th of thousands, 2nd, and 2,000ths a day. three. If you do not consider the period of penalties, you will not be calculated according to the 5th or 4th per day, which will not comply with the provisions of the People's Bank of China on the calculation standard of overdue penalties. The Studies of the Supreme People's Court of the People's Court believed that the correct way of computing the calculation method of penalties was: The extra penalties from the day of the day to pay the day, in accordance with the same period of the same period of penalties stipulated by the People's Bank of China. Calculate standards. According to the Supreme People's Court, which was implemented on February 16, 1999, [1999] No. 8 "Approval on the Calculation of Calculation of Overdue Payment Deals Calculation" and the Explanation of the Supreme People's Court of the Supreme People's Court implemented from November 21, 2000 [2000] No. 34's "Approval of the Supreme People's Court on the Calculation of Calculation of Overdue Payment Deals" in accordance with the Calculation of Calculation of Calculation of overdue payment ", if there is no agreed to pay the contract for overdue payment liquidated damages for contract parties, the people's court may refer to China in accordance with China. The computing standards for the financial institutions stipulated by the People's Bank of China to calculate the amount of payment of overdue loan interest calculate the overdue payment liquidated damages. When the People's Bank of China adjusts the standards for financial institutions to account for overdue loan interest, the people's court may adjust the calculation standards for the default of overdue payment. 3, if the parties to the contract clearly agree on the applicable local rules and regulations, the people's court may refer to the implementation. The Supreme People's Court On April 7, 1993, the "Dharma Classics (1993) No. 56 (1993)" Regarding the case of the dispute between the construction of the construction engineering contract can refer to the "temporary completion award of the construction project to implement the award of the construction project for the construction project. "Regulations>" The reply "The reply is as follows: " Regulations on Article 13) of the "Construction and Installation Project Contract Contracts" stipulates that the overdue delivery project shall bear the liability for breach of contract, but there is no specified standards, but the parties are allowed to be in The contract is agreed. The "Interim Provisions on the Implementation of Early Completion Awards in the Construction Project" reposted by the General Office of the Shandong Provincial Government [Article 5 of this provisions: "The amount of the project early (or dragging period) a day of completion (penalty) Two thousandths to 4th of 10,000 are extracted ... The proportion of the amount of prizes should be equal, but the total amount must not exceed three % of the project budget cost. ]] The responsibilities that the project should be overdue shall be specific. This provision belongs to local government regulations and does not confront the "Regulations on the Contract of Construction and Installation Projects". Therefore, both parties are units in the province and can be implemented with reference. 4. If the agreed liquidated damages and fines, or if only a fine agreed, as long as the amount does not exceed the total amount of the part that has not been performed, the fine can be regarded as a breach of damages.
Pay content for time limit to check for freenAnswer Hello, Baidu platform cooperation lawyers serve you. I am understanding, please wait.nHello, Baidu platform cooperation lawyers serve you. I am understanding, please wait.nAsk, we are the cafeteria owner of the school cafeteria. The qualifications of other people's company to bid this cafeteria. Now the boss is making trouble with the company. We have suffered. It has been operated, and the turnover from June to September this year is not given.nAnswer suggests that you directly sue to safeguard your legitimate rights and interestsnmy country's current "Civil Code" adopts the principle of full compensation for losses in default, that is, the defaulted party shall bear all the liability for all the losses of the victims for the victim's breach of contract. The legislative purpose of fully compensation principle is to maximize the state that the victim of the defaulting of the breach of contract can be reached normally.nQuestion I signed a contract with the company with a contract with a contract of 150,000 margins.nCan I sue me directly?nNow they have been dragging my salary, how should I get the salary at the fastest?nThe answer is okay, the default directly prosecution is very highn1. Occupy salary for no reason, employees can make offer and ask for paying compensation, and they can also complain to the local labor department. 2. In line with the law and regulations, the company's arrears of wages. This situation is not illegal. Employees can only choose to accept or have to leave, but there is no compensation.nThe question has not allowed us to operate, and we have evacuated, and the school has arranged other companies to do it. But the company just has never given the business fundsnDoes the answer to the labor department report the situation?nThe question has not yet, I am afraid that the business funds will be dragged for too long after the reaction of the Labor Bureau.nAnswer, if you want the other party to make business funds as soon as possible, the most direct and effective way is to sue the other party.nHello, if you are satisfied with my reply to me, I hope to give me a praise after adopting. Your encouragement is the motivation for my reply ~~nMore 13nBleak
The liquidated damages in the sales contract shall be calculated according to the contract agreed. If the agreed loser is lower than the losses, the people's court or arbitration agency may increase according to the request of the parties; if the agreed liquidated damages are too high than the loss caused, the people's court or arbitration agency may be appropriately reduced according to the request of the parties.
How to calculate the contract for contract? n00:00 / 00: 1670% shortcut keys to describe space: Play / suspend ESC: exit full screen ↑: increase volume 10% ↓: reduced volume decrease by 10% →: single fast forward 5 seconds ←: single fast retreat 5 seconds Press hold up and hold it up. Here you can drag no longer appear in the player settings to reopen the small window shortcut key description
51 "
The question about how to calculate the contract liquidated damages should be divided into three cases. First, it depends on whether there is an agreement on the contract for the contract. It is a specific amount, or it may be a calculation method of a liquidated damage. The second case is that if the contract does not agree on the liquidated damages, or if the agreement is not clear, the detention party is because of the other party’s How much losses have caused by the breach of contract, the amount of this loss is the default damage that the breach party should bear. The third is that if the loss of the contractor is not easy to calculate, then the breach of the contract can also be based on the breach of the contract. The benefits obtained, this interest can be calculated as a amount of liquidated damages.
Payment liquidated damages are one of the methods of contract liability for contract breach. The contract liquidated damages are divided into legal liquidated damages and agreed liquidated damages. As long as the parties have no special agreement, the act of paying the liquidated damage cannot replace the contract. After gold, the obligation to fulfill the main debt. Please read below for specific characteristics and calculation standards.
The characteristics of defaults
(1) The amount of liquidated damages is pre -determined by the two parties;
(2) The liquidated damages are remedy after breach of contract;
(3) default Gold's payment is an independent payment outside the performance. In other words, as long as the parties have no special agreement, the behavior of paying liquidated damages cannot replace the contract, and the parties shall not be exempted from performing the obligation to perform the main debt after paying the liquidated damage (Article 3) of the Contract Law).
The contract liquidated damages
1. The general principle provisions applied to the liquidated damages.
(1) The contract has a specific agreement on the liquidated damages. If there is no contract or an agreement on the liquidated damages, it is not agreed.
(2) The calculation basis for liquidated damages is the total contract price.
(3) The agreed amount of liquidated damages is generally limited to the total amount of prices that do not exceed the part of the contract.
2. The calculation of the liquidated damages of overdue payment should be paid attention to the calculation basis in different periods.
Since 1996, the People's Bank of China has adjusted the calculation standards for overdue penalties four times, that is, it is adjusted to 5 millionth, 4th of thousands, 2nd, and 2,000ths a day. three. If you do not consider the period of penalties, you will not be calculated according to the 5th or 4th per day, which will not comply with the provisions of the People's Bank of China on the calculation standard of overdue penalties. The Studies of the Supreme People's Court of the People's Court believed that the correct way of computing the calculation method of penalties was:
The extra penalties from the day of the day to pay the day, in accordance with the same period of the same period of penalties stipulated by the People's Bank of China. Calculate standards. According to the Supreme People's Court, which was implemented on February 16, 1999, [1999] No. 8 "Approval on the Calculation of Calculation of Overdue Payment Deals Calculation" and the Explanation of the Supreme People's Court of the Supreme People's Court implemented from November 21, 2000 [2000] No. 34's "Approval of the Supreme People's Court on the Calculation of Calculation of Overdue Payment Deals" in accordance with the Calculation of Calculation of Calculation of overdue payment ", if there is no agreed to pay the contract for overdue payment liquidated damages for contract parties, the people's court may refer to China in accordance with China. The computing standards for the financial institutions stipulated by the People's Bank of China to calculate the amount of payment of overdue loan interest calculate the overdue payment liquidated damages. When the People's Bank of China adjusts the standards for financial institutions to account for overdue loan interest, the people's court may adjust the calculation standards for the default of overdue payment.
3, if the parties to the contract clearly agree on the applicable local rules and regulations, the people's court may refer to the implementation.
The Supreme People's Court On April 7, 1993, the "Dharma Classics (1993) No. 56 (1993)" Regarding the case of the dispute between the construction of the construction engineering contract can refer to the "temporary completion award of the construction project to implement the award of the construction project for the construction project. "Regulations>" The reply "The reply is as follows:
" Regulations on Article 13) of the "Construction and Installation Project Contract Contracts" stipulates that the overdue delivery project shall bear the liability for breach of contract, but there is no specified standards, but the parties are allowed to be in The contract is agreed. The "Interim Provisions on the Implementation of Early Completion Awards in the Construction Project" reposted by the General Office of the Shandong Provincial Government [Article 5 of this provisions: "The amount of the project early (or dragging period) a day of completion (penalty) Two thousandths to 4th of 10,000 are extracted ... The proportion of the amount of prizes should be equal, but the total amount must not exceed three % of the project budget cost. ]] The responsibilities that the project should be overdue shall be specific. This provision belongs to local government regulations and does not confront the "Regulations on the Contract of Construction and Installation Projects". Therefore, both parties are units in the province and can be implemented with reference.
4. If the agreed liquidated damages and fines, or if only a fine agreed, as long as the amount does not exceed the total amount of the part that has not been performed, the fine can be regarded as a breach of damages.
Pay content for time limit to check for freenAnswer Hello, Baidu platform cooperation lawyers serve you. I am understanding, please wait.nHello, Baidu platform cooperation lawyers serve you. I am understanding, please wait.nAsk, we are the cafeteria owner of the school cafeteria. The qualifications of other people's company to bid this cafeteria. Now the boss is making trouble with the company. We have suffered. It has been operated, and the turnover from June to September this year is not given.nAnswer suggests that you directly sue to safeguard your legitimate rights and interestsnmy country's current "Civil Code" adopts the principle of full compensation for losses in default, that is, the defaulted party shall bear all the liability for all the losses of the victims for the victim's breach of contract. The legislative purpose of fully compensation principle is to maximize the state that the victim of the defaulting of the breach of contract can be reached normally.nQuestion I signed a contract with the company with a contract with a contract of 150,000 margins.nCan I sue me directly?nNow they have been dragging my salary, how should I get the salary at the fastest?nThe answer is okay, the default directly prosecution is very highn1. Occupy salary for no reason, employees can make offer and ask for paying compensation, and they can also complain to the local labor department. 2. In line with the law and regulations, the company's arrears of wages. This situation is not illegal. Employees can only choose to accept or have to leave, but there is no compensation.nThe question has not allowed us to operate, and we have evacuated, and the school has arranged other companies to do it. But the company just has never given the business fundsnDoes the answer to the labor department report the situation?nThe question has not yet, I am afraid that the business funds will be dragged for too long after the reaction of the Labor Bureau.nAnswer, if you want the other party to make business funds as soon as possible, the most direct and effective way is to sue the other party.nHello, if you are satisfied with my reply to me, I hope to give me a praise after adopting. Your encouragement is the motivation for my reply ~~nMore 13nBleak
The liquidated damages in the sales contract shall be calculated according to the contract agreed. If the agreed loser is lower than the losses, the people's court or arbitration agency may increase according to the request of the parties; if the agreed liquidated damages are too high than the loss caused, the people's court or arbitration agency may be appropriately reduced according to the request of the parties.
How to calculate the contract for contract?
n00:00 / 00: 1670% shortcut keys to describe space: Play / suspend ESC: exit full screen ↑: increase volume 10% ↓: reduced volume decrease by 10% →: single fast forward 5 seconds ←: single fast retreat 5 seconds Press hold up and hold it up. Here you can drag no longer appear in the player settings to reopen the small window shortcut key description