Common Problems of Breach of Contract and Appraisal of Responsibility - World Credit Organization
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ICE8000 Breach of Contract and Responsibility Identification Column
Common questions about breach of contract and identification of liability attribution
1. Is a breach of contract necessarily a breach of trust?
1. Breach of contract, if the defaulter has a subjective fault, such as intentional breach of contract or breach of contract due to poor consideration, it also constitutes a breach of trust. Subjective intentional breach of contract is malicious dishonesty, subjective negligent breach of contract constitutes general dishonesty.
2. For breach of contract, if the breach of contract is caused by force majeure or has other legitimate reasons, or the breach is actively remedied or the other party's understanding is obtained, it does not constitute a breach of trust.
3. The identification of untrustworthy behavior requires both objective and subjective elements. The objective element means that an act has damaged the legitimate rights and interests of others; the subjective element means that the perpetrator is at fault subjectively. , or: Injury to others through negligence such as inconsiderateness, overconfidence, recklessness and negligence. The identification of a breach of contract only needs to meet the objective requirements, namely: whether there is a fact of breach of contract.
