5 thoughts on “What is the specific calculation method of liquidated damages?”
Steve
The analysis is as follows: In the contract method: Article 114, paragraph 1 of the Contract Law stipulates that the parties may agree that one party should pay a certain amount of liquidated damages to the other party when breach of contract. Calculation method of compensation. Therefore, liquidated damages have a punitive characteristics, and it does not focus on losses by non -breach party. Generally speaking, the upper limit of contract liquidated damages is not more than 30%of the actual loss. However, if you are too high or too low, you can ask the court to give decreases or increase. The Article 114 of the Contract Law stipulates that the agreed liquidated damages are lower than the loss caused, and the parties may ask the court to increase it; Essence However, the liquidated damages are a pre -estimate of the losses that the parties may cause the contract after the contract should be defaulted at the contract, and it is not fully consistent with the actual losses of the contracting party after the contract; The law stipulates that a liquidated damages are scheduled. In addition to imposing psychological pressure on the parties, the troubles of losses after breach of contract and the trouble of the parties' proof of losses, so that the parties can quickly determine the specific responsibilities they should bear. Therefore, if the parties need to increase the amount of liquidated liquidation or when the liquidated damage is too high than the loss, the parties shall bear the responsibility of prove the size of the loss. The expansion information: The liquidated damage refers to the money that one party should pay to the other if the parties breach of the contract in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs. "Reference materials: Baidu Encyclopedia: Lobbling"
The calculation of liquidated damages 30,000 principal, three thousandths of liquidated damages per day should be: 30000 30000*0.0003*days. There is also a clear stipulation of the contract law: the agreement on the liquidated damages shall be determined by the two parties, but if it exceeds 30%of the loss caused by the breach of contract, it is too high and can be reduced. The expansion information
ical liquidated damages 1. Lobbling refers to the money that one party should pay to the other party in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. 2. The liquidated damage has the effect of guaranteeing the performance of the guarantee debt, and it also has the effect of punishing the breach of the contractor and the compensation without fault. As a responsibility for responsibility for the contract.
"Contract Law" Article 114, paragraph 1 stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party when breach of contract. Calculation method of loss compensation. Therefore, liquidated damages have a punitive characteristics, and it does not focus on losses by non -breach party.
Generally speaking, the upper limit of contract liquidated damages is not more than 30%of the actual loss. However, if you are too high or too low, you can ask the court to give decreases or increase.
The Article 114 of the Contract Law stipulates that the agreed liquidated damages are lower than the loss caused, and the parties may ask the court to increase it; Ask the court to reduce appropriately. However, the liquidated damages are a pre -estimate of the losses that the parties may cause the contract after the contract should be defaulted at the contract, and it is not fully consistent with the actual losses of the contracting party after the contract; The law stipulates that a liquidated damages are scheduled. In addition to imposing psychological pressure on the parties, the troubles of losses after breach of contract and the trouble of the parties' proof of losses, so that the parties can quickly determine the specific responsibilities they should bear. Therefore, if the parties need to increase the amount of liquidated liquidation or when the liquidated damage is too high than the loss, the parties shall bear the responsibility of prove the size of the loss.
The expansion information: The liquidated damage refers to the money that one party should pay to the other if one party breaks the contract in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs. The nature of liquidated damages The nature of liquidated damages in the "Contract Law" in my country is mainly compensatory, and the punishment is limited. The concept of compensation for liquidated damages for liquidated damages on the contract of contract liquidated damages on the "Contract Law", and limitedly recognized the punishment of liquidated damages. On the one hand, the amount of payment of liquidated damages is determined by "according to the default", that is, the agreed of the liquidated damages shall be estimated to be the losses that may cause the other party to the other party, and the amount of liquidated damages that are not commensurate with the original loss shall not be agreed. On the other hand, if the amount of liquidated damages agreed in the parties is lower than the losses caused by the breach of contract, the parties may ask the people's court or arbitration agency to increase appropriately, so that the liquidated damages are roughly comparable to the actual loss. This obviously reflects the compensation of liquidated damages and regards liquidated damages as a breach of contract relief measures to protect the interests of creditors, but also inspire the parties to actively engage in transaction activities and economic circulation. At the same time, Article 114, paragraph 2, paragraph 2 of the Contract Law stipulates: "... The agreed liquidated damages are too much higher than the actual loss, the parties may ask the people's court or arbitration agency to be appropriately reduced." That is, it is generally higher than the actual loss, and there is no right to have the right to have no right to be right. The request is reduced. On the one hand, it is to avoid the cumbersome proof of the parties. On the other hand, it shows that the law allows the law to be allowed to be greater than the loss to a certain extent, which is obviously greater than that of some punishment for the breach of contract. This contract contract agreement is determined in advance because the liquidated damages are the parties passing the agreement, and the liquidated damages will make up for the loss of the contract, but also have a punishment effect on the breach of contract. Therefore, the author agrees View. The liquidated damages are both a form of responsibility and a unique way to perform the performance of guarantee contracts. A liquidated damages are agreed in the contract, so the party who intends to breach contract will measure the consequences of its breach of contract. If a penalty liquidated damage is obviously punished, especially when the default damage exceeds the benefits caused by the breach of contract, any rationality is rational. People will choose to continue to perform the contract after weighing the pros and cons. Therefore, liquidated damages have guaranteed attributes, and the stronger punishment, the stronger the guarantee effect.
The analysis is as follows:
In the contract method: Article 114, paragraph 1 of the Contract Law stipulates that the parties may agree that one party should pay a certain amount of liquidated damages to the other party when breach of contract. Calculation method of compensation. Therefore, liquidated damages have a punitive characteristics, and it does not focus on losses by non -breach party. Generally speaking, the upper limit of contract liquidated damages is not more than 30%of the actual loss. However, if you are too high or too low, you can ask the court to give decreases or increase.
The Article 114 of the Contract Law stipulates that the agreed liquidated damages are lower than the loss caused, and the parties may ask the court to increase it; Essence However, the liquidated damages are a pre -estimate of the losses that the parties may cause the contract after the contract should be defaulted at the contract, and it is not fully consistent with the actual losses of the contracting party after the contract; The law stipulates that a liquidated damages are scheduled. In addition to imposing psychological pressure on the parties, the troubles of losses after breach of contract and the trouble of the parties' proof of losses, so that the parties can quickly determine the specific responsibilities they should bear. Therefore, if the parties need to increase the amount of liquidated liquidation or when the liquidated damage is too high than the loss, the parties shall bear the responsibility of prove the size of the loss.
The expansion information:
The liquidated damage refers to the money that one party should pay to the other if the parties breach of the contract in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs.
"Reference materials: Baidu Encyclopedia: Lobbling"
The calculation of liquidated damages
30,000 principal, three thousandths of liquidated damages per day should be: 30000 30000*0.0003*days. There is also a clear stipulation of the contract law: the agreement on the liquidated damages shall be determined by the two parties, but if it exceeds 30%of the loss caused by the breach of contract, it is too high and can be reduced.
The expansion information
ical liquidated damages
1. Lobbling refers to the money that one party should pay to the other party in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money.
2. The liquidated damage has the effect of guaranteeing the performance of the guarantee debt, and it also has the effect of punishing the breach of the contractor and the compensation without fault. As a responsibility for responsibility for the contract.
Reference materials: Baidu Encyclopedia: Lobbling
According to the contract law:
"Contract Law" Article 114, paragraph 1 stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party when breach of contract. Calculation method of loss compensation. Therefore, liquidated damages have a punitive characteristics, and it does not focus on losses by non -breach party.
Generally speaking, the upper limit of contract liquidated damages is not more than 30%of the actual loss. However, if you are too high or too low, you can ask the court to give decreases or increase.
The Article 114 of the Contract Law stipulates that the agreed liquidated damages are lower than the loss caused, and the parties may ask the court to increase it; Ask the court to reduce appropriately. However, the liquidated damages are a pre -estimate of the losses that the parties may cause the contract after the contract should be defaulted at the contract, and it is not fully consistent with the actual losses of the contracting party after the contract;
The law stipulates that a liquidated damages are scheduled. In addition to imposing psychological pressure on the parties, the troubles of losses after breach of contract and the trouble of the parties' proof of losses, so that the parties can quickly determine the specific responsibilities they should bear. Therefore, if the parties need to increase the amount of liquidated liquidation or when the liquidated damage is too high than the loss, the parties shall bear the responsibility of prove the size of the loss.
The expansion information:
The liquidated damage refers to the money that one party should pay to the other if one party breaks the contract in accordance with the agreed or legal provisions of the parties. The standard for liquidated damages is money, but the parties can also agreed that the subject matter of the liquidated damages is other property other than money. The penalty of liquidated damages has the effect of guarantee debt performance, and also has the effect of punishing the breach of the contractor and compensation. Affairs.
The nature of liquidated damages
The nature of liquidated damages in the "Contract Law" in my country is mainly compensatory, and the punishment is limited.
The concept of compensation for liquidated damages for liquidated damages on the contract of contract liquidated damages on the "Contract Law", and limitedly recognized the punishment of liquidated damages. On the one hand, the amount of payment of liquidated damages is determined by "according to the default", that is, the agreed of the liquidated damages shall be estimated to be the losses that may cause the other party to the other party, and the amount of liquidated damages that are not commensurate with the original loss shall not be agreed.
On the other hand, if the amount of liquidated damages agreed in the parties is lower than the losses caused by the breach of contract, the parties may ask the people's court or arbitration agency to increase appropriately, so that the liquidated damages are roughly comparable to the actual loss. This obviously reflects the compensation of liquidated damages and regards liquidated damages as a breach of contract relief measures to protect the interests of creditors, but also inspire the parties to actively engage in transaction activities and economic circulation. At the same time, Article 114, paragraph 2, paragraph 2 of the Contract Law stipulates: "... The agreed liquidated damages are too much higher than the actual loss, the parties may ask the people's court or arbitration agency to be appropriately reduced." That is, it is generally higher than the actual loss, and there is no right to have the right to have no right to be right. The request is reduced. On the one hand, it is to avoid the cumbersome proof of the parties.
On the other hand, it shows that the law allows the law to be allowed to be greater than the loss to a certain extent, which is obviously greater than that of some punishment for the breach of contract.
This contract contract agreement is determined in advance because the liquidated damages are the parties passing the agreement, and the liquidated damages will make up for the loss of the contract, but also have a punishment effect on the breach of contract. Therefore, the author agrees View.
The liquidated damages are both a form of responsibility and a unique way to perform the performance of guarantee contracts. A liquidated damages are agreed in the contract, so the party who intends to breach contract will measure the consequences of its breach of contract. If a penalty liquidated damage is obviously punished, especially when the default damage exceeds the benefits caused by the breach of contract, any rationality is rational. People will choose to continue to perform the contract after weighing the pros and cons. Therefore, liquidated damages have guaranteed attributes, and the stronger punishment, the stronger the guarantee effect.
287534 yuan from August 23, 2012 to September 15, 2021, what is the total amount of liquidated damages calculated by one thousandth?
The calculation method of liquidated damages mainly depends on the agreement.