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Concurrence of Breach of Contract and Infraction

2026-07-30 16:17
2026-07-30 20:48

Concurrence of breach of contract and tortious means that one party's breach of contract also meets the requirements of tortious, resulting in both the breach of contract and tortious responsibility. The right to claim for the breach of contract and the right to claim for compensation for tortious responsibility overlap, forming a concurrence of claims. It had the following characteristics: 1. ** Causing by the same illegal act **: The prerequisite for a legal responsibility to arise from a single illegal act is the overlapping of responsibilities. If the perpetrator committed more than two illegal acts, causing the responsibility for the violation of the contract and the responsibility for the violation of the contract at the same time, different legal provisions should be applied and different responsibilities should be borne. 2. ** Comply with the elements of multiple responsibilities **: The same illegal act not only conforms to the elements of tortious responsibility, but also conforms to the elements of breach of contract, so that the two civil responsibilities coexist on the same illegal act. 3. ** The subject of competing responsibilities is the same civil subject **: The same illegal act that causes the breach of contract and the tortious responsibility at the same time is carried out by the same civil subject. This illegal act met the requirements of both the tortious responsibility and the breach of contract responsibility, so the subject who may bear the double responsibility was the same person, and the subject who may enjoy the double claim was also the same person. There were many differences between breach of contract and tortious responsibility: 1. ** Elements of Constitution **: In our country, the non-fault responsibility is used for breach of contract, and the fault responsibility is generally used for torts. When the breach of contract was the cause of action, there was no need to prove that the other party was at fault; when the other party was asked to bear the responsibility for the violation of rights, it was necessary to prove that the other party was at fault. Tort responsibility is based on the existence of damage consequences, while breach of contract responsibility is not based on the actual occurrence of damage, except for compensation for loss. 2. ** Breach of Obligations **: A breach of contract violates the contractual obligations between the parties; a violation of the legal obligation not to violate the personal property of others. 3. ** Compensation scope **: The amount of compensation for the breach of contract can be agreed upon by the parties in the contract. If there is no agreement, the amount of compensation should be equivalent to the losses suffered by the victim due to the breach of contract. It is mainly compensation for property damage, excluding compensation for personal injury and mental damage. The scope of compensation is often limited by the standard of "foresight". The compensation for damages in the case of tortious responsibility includes compensation for property damage, personal injury and mental injury. 4. ** Forms of Liabilities **: Breach of contract is mainly property responsibility, such as actual performance, payment of penalty for breach of contract, etc. Tort responsibility includes both property responsibility (such as compensation for losses) and non-property responsibility (such as eliminating influence, restoring reputation, etc.). 5. ** Reason for exemption **: In addition to the legal exemption conditions, the parties to the contract can also agree on the exemption conditions in advance. In the case of tortious responsibility, the exemption conditions or reasons can only be legal. The parties cannot agree on the exemption conditions in advance, nor can they agree on the scope of force majeste. 6. ** Third party's responsibility **: In the responsibility for breach of contract, if the contractual debt cannot be fulfilled due to the fault of a third party, the obligor is first responsible to the obligee, and then can recover from the third party. In the responsibility for torts, the perpetrator is only responsible for the consequences of causing damage to others due to his own fault. When the responsibility for breach of contract and the responsibility for tortious act overlap, the aggrieved party has the right to choose to request the breaching party to bear the responsibility for breach of contract or the responsibility for tortious act. The aggrieved party can only exercise one right of request. If he chooses to exercise one right of request and gets it, the other right of request will be extinguished. However, if the aggrieved party fails to exercise one of the claims and the other claim is not extinguished by the time limit, the aggrieved party may still exercise the other claim. Although this provision was aimed at the competing rules of breach of contract and tortious responsibility, it also provided a legal basis for the competing of other civil responsibilities (such as the competing of tortious responsibility and unjust benefit responsibility). Had he not watched enough of Long Lovesickness 2? Hurry up and read the original work of "Everlasting Lovesickness 2: A Vow of Love"!

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