国际商法Contract1.pptVIP

Section B: Breach of Contract and Remedies ---Liquidated damages (实际损失) are a pre-estimate of loss of contract. The court will recognise and apply such estimate. ---Penalties are to punish the person in breach rather to compensate the injured party. If the court considers the provision to be a penalty, it will not give it effect, but will award damages in the normal way. Section B: Breach of Contract and Remedies Quantum meruit ---a party should be awarded “as much as they have earned”. ---If the parties enter into a contract without determining the reward that is to be provided for performa