Since the signing of the contract, the defendant has not notified the plaintiff in writing to enter the site for decoration before April 1, 2014. On July 24, 2015, the plaintiff received a lawyer's letter from the defendant's entrusted lawyer. The lawyer wrote that the defendant informed the plaintiff to enter the site for decoration on May 6, 2015, but the plaintiff did not enter the site for decoration within 7 days, which constituted a serious breach of contract, and the defendant terminated the contract between both parties on this ground.
Whether the termination of the contract complies with the contract, whether the contract is terminated, and whether the defendant bears the responsibility for return and compensation for breach of contract.
1、 The shop lease contract signed by the plaintiff and the defendant on December 16, 2014 has been terminated on July 24, 2015;
2、 The defendant returned the plaintiff's operating liability of 65219 yuan;
3、 The defendant shall compensate the plaintiff for the economic loss of 3000 yuan due to its breach of contract;
Evidence 1: shop lease contract, which mainly stipulates that the decoration rent free period is from December 1, 2014 to March 30, 2015, and the plaintiff's opening time is April 1, 2015; Clause 5.1 of Article 5 of the contract stipulates: "Party B (plaintiff) shall go through the entry decoration formalities and enter the site for decoration at Party A or the place and institution designated by Party A within 7 days from the date of written notice from Party A (defendant), and can enter the site for decoration only after completing the relevant entry decoration formalities."
Evidence 2: on July 24, 2015, the plaintiff received a lawyer's letter from the defendant's entrusted lawyer. The lawyer wrote that the defendant informed the plaintiff to enter the site on May 6, 2015.
The above two evidences fixed that the defendant failed to notify the plaintiff in writing to enter the site for decoration at the time agreed in the contract, resulting in the failure to achieve the purpose of the lease contract, which constituted a fundamental breach of contract.
Article 96   If a party claims to terminate the contract in accordance with the provisions of paragraph 2 of Article 93 and article 94 of this law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party. If the other party objects, it may request the people's court or arbitration institution to confirm the effectiveness of the termination of the contract. Where laws and administrative regulations stipulate that the termination of a contract shall go through the formalities of approval and registration, such provisions shall prevail.
Article 97 after the termination of a contract, if it has not been performed, the performance shall be terminated; If the contract has been performed, the parties may, according to the performance and the nature of the contract, demand restitution and take other remedial measures, and have the right to claim compensation for losses.
Article 98 termination of rights and obligations under a contract shall not affect the validity of the settlement and liquidation clauses in the contract.
The lawyer's letter issued by the lawyer entrusted by the defendant shall be fixed as the main evidence of the defendant's breach of contract.
The difficulty in this case lies in how to claim, because article 96 of the contract law stipulates that the contract shall be terminated upon the arrival of the termination notice. If the other party has objection, it may request the people's court or arbitration institution to confirm the effectiveness of the termination of the contract. This article of the law only stipulates the solution to the objection to the termination of the contract. If there is no objection to the termination of the contract, but there is no corresponding provision to require the terminating party to bear the liability for breach of contract. If we raise an objection in accordance with this article of the law or require to confirm the breach or violation of the notice of termination of the contract, it will lead to the legal consequences of the court confirming the invalidity of the termination of the contract. In this way, we are also willing to terminate the contract and ask for the return of the operation liability, so the litigation purpose can not be realized. Therefore, according to the principles of law and the facts of the case, the acting lawyer requested to confirm that the contract had been terminated, and clarified in the litigation reasons that the defendant's breach of contract caused the purpose of the contract to be unable to be realized, and the contract would not be performed because of the defendant's behavior. The lawsuit designed in this way was finally supported by the court. After the second instance of this case, the Chengdu Intermediate People's court rejected the defendant's appeal with (2016) chuan01 Minzhong No. 3868 civil judgment, creating a precedent that the terminated party is also willing to terminate and obtain compensation after the contract is terminated.