The Liability for Breach of the Preliminary Contract

Abstract

The liability for breach of preliminary contract should not completely exclude the application of the enforcement of performance, but denying the application is supposed be taken as the principle, affirming it as the exception. When there is a dispute over the terms of liquidated damages and deposit, the provisions of the general contract law on them shall be applied. The amount of compensation for losses shall apply the compromise theory, considering the possibility of performance of the contract, the degree of achievement of the conditions for the conclusion of the contract and other factors.