claimsarbitration.ppt.ppt

Import Export Practices 主讲教师：夏夕美 主讲教师：夏夕美 1. Breach of Contract Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract, resulting from, e. g. , repudiation of liability before completion, or conduct preventing proper performance. 1. Breach of Contract The contract is discharged where the breach results in the innocent party treating it as rescinded and The kinds of Breach of Contract 各国法律对违约的不同规定 1、英国法的规定 违反要件（Breach of Condition） 违反担保（Breach of Warranty） 2、美国法的规定 重大违约（Material Breach of Contract） 轻微违约（Minor Breach of Contract） 各国法律对违约的不同规定 3、《公约》的规定（第25条） 根本性违约（Fundamental Breach of Contract） 非根本性违约（Non-Fundamental Breach of Contract） 4、我国《合同法》的规定 一方违约，另一方有权要求赔偿损失或者采取其他的合理补救措施，若取其他的合理补救措施仍然不能完全弥补损失，另一方仍有权要求赔偿损失。 若双方违约，各自承担相应的责任 违约分类 2. Claim and Satisfaction Claim means that in international trade, one party breaks the contract and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses. 2. Claim and Satisfaction settle the claim The sellers may settle the claim upon the agreement of the buyers in the following three ways: (1) Agree to the rejection of the goods and refund to the buyers the value of the rejected goods in the same currency as contracted herein, (2) Devaluate the goods according to the degree of inferiority, extent of damage and amount of losses suffered by the buyers. (3) Replace the defective goods with new ones which conform to the specification, quality and performance as stipulated in the contract, and bear all expenses incurred and direct losses sustained by the buyers. The sellers shall, at the same time, guarantee the quality of the replaced goods for a further agreed period. 3. Claim Clause in the contract 1) The discrepancy and claim clause For a moderate contract of general merchandise, a discrepancy and claim clause is often included. In case the goods delivered are inconsistent with the