What Is a Mortgage Default?

A breach of contract refers to the breach of contractual obligations by the parties to the contract. The breach of contract is the basic constituent element of the liability for breach of contract. If there is no breach of contract, there is no liability for breach of contract.

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1. From the subject,

Liability for breach of contract and tort liability are two basic types of civil liability, which are the core issues of contract law and tort law, respectively. Since contract law and tort law are part of debt law, they are both guided by the basic principles of civil law and the general provisions of debt law.

Although the two have common characteristics, there are major differences in law. The parties' different choices of the two types of responsibilities will greatly affect the exercise of their rights and obligations. Throughout the legislative practice of various countries, the differences between the two types of responsibilities are mainly reflected in the following points:

1. The difference in the principle of imputation. In many countries, the law provides that the principle of presumption of fault or strict liability applies. Tort liability is generally based on fault liability in the laws of each country, and strict liability principles are applied to certain special torts. According to the Chinese Tort Law, the principles of fault liability, strict liability, and fair liability are adopted for tort liability, and the principle of multiple attribution is actually adopted. In an infringement lawsuit, the liability of the infringer can be reduced only if the victim has gross negligence. In the case of contract, as long as the victim has slight fault, the liability of the party in breach of contract can be reduced.

2. The difference between the burden of proof. According to the civil laws of most countries, in the action of the contract, the victim does not bear the burden of proof, and the breaching party must prove that he is not at fault, otherwise he will be presumed to be at fault. In an infringement lawsuit, the infringer usually does not bear the burden of proof, and the victim must prove his claim.

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Of course, in some torts, the burden of proof is also inverted, but this is only a special phenomenon after all. According to the Chinese Civil Law, in general tort liability, the victim is obliged to prove the wrongdoer's fault, while in the special tort liability, the infringer should prove against fault to prove that he is not at fault. However, in the contract liability, the breaching party shall prove that it is not at fault, otherwise, it shall bear the liability for breach of contract.

3, the difference in aging. Civil codes in most countries provide different time limits for suits for contract and suits for infringement. Civil law in some countries stipulates that "short-term limitation applies to infringement suits, and long-term ordinary limitation suit applies to contract suits." China's "General Principles of Civil Law" stipulates that the two-year statute of limitations is generally applicable to claims for damages arising from torts, but the The right to claim for damages caused by injury is one year; the time limit for claims for damages due to breach of contract is generally two years. However, the company does not declare, postpone or refuse to pay for the products of substandard quality. In the case of rent or deposit property being lost or damaged, the one-year limitation rule applies; the period for bringing a lawsuit or arbitration over a dispute over a contract for the sale of goods is four years.

4. The difference between the components of liability and the conditions of exemption. In the liability for breach of contract, as long as the actor has committed the breach of contract and does not have an effective defence, he shall be liable for breach of contract. However, in the tort liability, the fact of damage is a prerequisite for the establishment of the liability for tort damages. Without the fact of damage, no tort liability arises. In the liability for breach of contract, in addition to the statutory exemption conditions, the parties to the contract may agree in advance that they will not be held liable. In tort liability, the exemption conditions or reasons can only be statutory. The parties cannot agree on the exemption conditions in advance, nor can they agree on the scope of force majeure.

5. Differences in the scope of responsibility. Contractual liability for damages, and the law often adopts "predictability" standards to limit the scope of compensation. For tort liability, damage compensation includes not only compensation for property loss, but also personal injury and moral damage. The scope of compensation should include not only direct loss but also indirect loss. It can be seen from the above analysis that due to the important difference between tort liability and breach of contract liability, in the case of liability competition, what kind of liability should the wrongful act bear, which will lead to different legal consequences and seriously affect the interests of the victim The protection of the wrongdoers and the sanctions of wrongdoers, therefore, the issue of liability and cooperation has been a hot topic of debate in the civil law community for nearly a century.