concept of "responsibility for breach of obligations" refers to compensation for damages due to non-fulfillment of obligations arising from the agreement signed by the two parties to the transaction.Anyone who has violated the terms and did not fulfill the obligations under the contract, is obliged to compensate the losses suffered by the injured party.The main condition - is to direct damages.Indirect losses are not reimbursed.
must be proved that any violations that occurred responsibility for breach of obligations.These facts may be:
- hold clients' funds.
- no return money and other assets and evasion of return.
- Delay in the payment of debts.
- If not returned to creditors.
- The fulfillment of obligations under the contract are not of the quality or no settlement of liabilities.
Indemnification
What is meant by a loss?The loss of certain benefits or direct losses as a result of any breach of contract.
aggrieved party - the one who spend and as a result received a spending or violated his right to further losses as a result there was a real loss or lost opportunity to earn income.The calculation of losses is often dependent on the prices at which they are considered: on the day of occurrence or the same day the victim in court.
losses are reimbursed in full - this principle in the debate can be limited.In accordance with the laws of liability for breach of contractual obligations may be limited.For example, a non-refundable loss of profits under the contract of electricity supply.Only if the contract so provides, loss of profits can be reimbursed.
penalty and compensation of damages are measures of responsibility, but if the penalty has been paid, it will be counted in the final determination of damages.Liability for breach of obligations may include only one punishment.There are other types of penalty that may be chargeable:
- exceptional;
- penalty;
- alternative.
If the debtor has not started execution of the terms of the contract and to take no action, the kind he did not have to return.Failure to comply with the contract does not remove responsibility from the guilty party when the damage is due to negligence or intent.
If someone else gets the money instead will use them, it should also compensate the losses caused, together with interest earned.Interest on the use of funds will be credited to the total amount of damages.
lack of proof of guilt lies on the other side, which is accused of breach of contract.If it is proven that all measures were taken, prudence and caution was present in all the activities, the person might be found not guilty.
responsibility of employers for breach of contract
For entrepreneurs the law establishes a strict liability for breach of obligations.All violations of the performance of contracts shall be unconditional compensation.The only proof of the absence of guilt, which can be taken into account, this is force majeure.Such circumstances can not be regarded as lack of necessary goods or enough money.Parties to the dispute under the law can not come to an agreement to eliminate or limit the liability for breach of obligations.In other words, if the trial began, the peace treaty has not come out.
parties may agree on what prices will be taken in order to repair the damage.The court may appoint their own procedure for determining losses may also apply the rules in accordance with other laws or regulations.Furthermore, it may be chargeable interest rates for the use of money in the event that their return was not made in time or deliberately been held guilty party.
