1, if the anchor is in fundamental breach of contract. Moreover, there is no evidence that the brokerage company (MCN) has breached the contract, so it is difficult to win the case. It is best to consider which scheme can make you pay the least liquidated damages and minimize the losses.
2. If the anchor receives a court summons. After signing, you need to sign for it and go to the court to understand the case. The anchor of the party concerned has the right to consult the complaint of the other guild and the evidence of breach of contract submitted by the anchor, consult professionals, prepare evidence, and submit defense materials to the court (by mail).
3. If the anchor has evidence of the guild's breach of contract and the other party sues, then entrust a lawyer to respond. Consider counterclaiming. Send counterclaims and materials to the court, it is best to use EMS, and keep the courier documents, which may be used in future lawsuits.
People's Republic of China (PRC) Civil Code
Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Second, is it a breach of contract for the contracted anchor to stop broadcasting?
It is a breach of contract to sign an anchor to stop broadcasting. If there is no agreed time limit in the contract, or there is an agreed time limit, but it is agreed that the anchor has the right to terminate or terminate the contract at any time, then the anchor can propose to terminate the contract at any time. If the contract stipulates the contract term, but it is stipulated that the anchor shall not terminate the contract in advance, or there is no clear agreement on the anchor's termination or termination of the contract, then it depends on the reason for the anchor's termination and whether there is a legal basis, otherwise it may be liable for breach of contract.
Third, how to calculate the penalty for the anchor leaving the guild?
The penalty for the anchor leaving the guild shall be calculated according to the contract. If there is no contract, it shall be calculated according to the standards prescribed by law, that is, according to the losses caused by breach of contract.
If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
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