I. Standard of liquidated damages for overdue payment in sales contracts

The overdue payment of the sales contract constitutes a breach of contract, and the compensation standard for breach of contract is as follows:

In the contract, the breach of the sales contract is called "one party fails to perform its contractual obligations", which is also called fundamental breach of contract. In an economic contract, there are two situations in which one party fails to perform its contractual obligations:

(a) the seller fails to perform

According to the objective calculation method, the calculation of the loss amount should be based on the difference between the market price of the goods and the contract price. When calculating losses according to objective standards, we should pay attention to the following issues:

1, a standard only applies to the case that the price of the subject matter of the contract keeps rising. If the price of the subject matter of the contract is falling, then there is no problem for the buyer to calculate the loss compensation. Of course, if the breach of contract causes other losses to the buyer or there is an agreement in the contract, the buyer can still claim compensation or pay liquidated damages.

2. The market price as the basis for calculating the loss amount should generally be the market price of the place of performance. If there is no market in the place of performance, it is difficult to determine the objective market price. In this case, the market price of the place where the buyer is most likely to buy substitutes plus reasonable transportation expenses should be used as the basis for calculating the loss.

3. When calculating the amount of losses, we should also consider the expenses that various victims should save and the losses that should be mitigated. Because the victim has the obligation to reduce the loss after breach of contract, if he fails to fulfill this obligation, he should bear this part of the loss himself, so the unreasonable expansion of the loss should be deducted from the total loss.

4. If the purpose of the buyer's contract is to resell the goods to others, and a resale contract is signed with others after the contract is signed, then the loss can be calculated according to the difference between the resale price and the contract.

(2) The buyer refuses to accept the goods.

According to the objective calculation method, the losses suffered by the seller should be determined according to the contract price and the market price at the time of breach of contract, which is the same as the calculation method of the seller's non-delivery. Of course, if commodity prices continue to fall, there is generally no loss of available benefits, and it is impossible to calculate the loss by price.

In the breach of contract, it can be divided into "general defect performance" and "damage performance". General defect performance includes insufficient quantity, inconsistent quality, improper performance method, improper performance place, delayed performance and other forms. If one party has general defects in the performance of the contract, causing other property or personal injury to the other party, it is a damaging performance.

There are two kinds of general defects:

1. The goods delivered by the seller are defective. In this case, if the subject matter can be repaired, the amount of damages should be determined in principle according to the reasonable repair cost required to repair the subject matter. The so-called rationality refers to the expenses that must be paid to repair defective goods under normal circumstances. Even if the repair result does not reach the quality stipulated in the contract, the breaching party shall pay the repair cost already spent. It is worth noting that during the repair period, the breaching party should also bear the losses caused by the unavailability of the subject matter.

2. The seller delays the performance. If the seller delays delivery and the buyer receives the goods, it shall be calculated according to the difference between the market price at the time of delivery and the market price at the time of actual delivery. Because in the case of delayed performance, the actual loss of the buyer is the loss suffered from the performance period to the actual delivery of the goods. It is worth noting that if the price of goods fluctuates continuously during the delay in performance and reaches a peak at a certain moment, it is higher than the contract price and the price at the time of performance. If the buyer can prove this, the loss can be calculated according to the highest price.

Second, what are the characteristics of agreed breach of contract?

(1) The amount of liquidated damages shall be agreed by both parties in advance;

(2) liquidated damages are a remedial measure after breach of contract;

(3) The payment of liquidated damages has nothing to do with performance. In other words, as long as there is no special agreement between the parties, the act of paying liquidated damages cannot replace the performance of the contract, nor can it exempt the parties from the obligation to perform the main debt after paying liquidated damages.

Three. Elements of Effective Sales Contract

The conditions for the entry into force of a sales contract are: the parties have the ability to prove in writing, and the intention is voluntary and true; The contents of the house sales contract are legal and conform to the forms prescribed by law; The establishment of the relationship between house purchase and sale shall not maliciously collude to harm the interests of the state collective or a third party, and shall not cover up illegal purposes in a legal form. To sum up, the buyer's late payment in the contract constitutes a breach of contract, which can be divided into fundamental breach of contract and expected breach of contract, including non-performance of obligations and incomplete performance of obligations.

Legal objectivity:

According to Article 585 of the Civil Code, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of the amount of compensation for losses caused by breach of contract.