Current location - Recipe Complete Network - Catering franchise - I contracted a university canteen this summer, and negotiated all the conditions with the school. The school has also drawn up a contract, which was signed because the principal of the school was out.
I contracted a university canteen this summer, and negotiated all the conditions with the school. The school has also drawn up a contract, which was signed because the principal of the school was out.

1. According to your description, you have not established a canteen contract relationship with the school; However, based on the negotiation that the school terminated the contract without authorization during the conclusion of the contract, you think that the school should bear the responsibility for the negligence in concluding the contract and compensate you for the losses incurred in preparing to perform the contract;

2. The liability for fault in concluding a contract refers to the loss of the trust interests of the other party caused by one party's violation of its obligations based on the principle of good faith in the process of concluding a contract, and it shall be liable for civil damages. In the process of concluding a contract, the parties shall bear the civil liability when they violate their prior contractual obligations in accordance with the principle of good faith, resulting in the failure to establish the contract, or the contract, although established, does not meet the statutory effective conditions and is confirmed to be invalid, modified or revoked, causing losses to the other party. The so-called pre-contract obligation, also known as pre-contract obligation or collateral obligation in the process of concluding a contract, refers to the obligations of assistance, notification, notification, protection, care, confidentiality and loyalty of both parties according to the principle of good faith from the time when the contracting parties contact and negotiate with each other for signing a contract until the contract is effectively established. Article 42 of China's "Contract Law" establishes the liability system for fault in concluding a contract, which stipulates: "In the process of concluding a contract, if one of the following circumstances causes losses to the other party, the parties shall be liable for damages: (1) concluding a contract under the guise of malicious consultation; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Having other acts that violate the principle of good faith. " It can be seen that the liability for fault in contracting is essentially the embodiment of the principle of good faith in the process of contracting.

3. Conditions for the establishment of the liability for fault in contracting (constitutive requirements): (1) One party to the contracting party has violated the statutory collateral obligation or pre-contract obligation. In the contracting stage, when the parties contact and negotiate to conclude a contract, they have entered a special relationship (trust relationship) from the original ordinary relationship. Both parties should bear certain obligations to each other according to the principle of good faith, which is generally called collateral obligation, that is, mutual assistance, mutual care, mutual notification and mutual honesty. If the parties violate their collateral obligations and destroy the contracting relationship, it constitutes a contracting fault and it is possible to bear the responsibility; (2) The violation of the statutory collateral obligation or the prior contractual obligation has caused the loss of trust interests to the other party. If there is no loss, there will be no compensation problem, and the so-called loss of reliance interest refers to the loss of interest suffered by the counterpart because he believes that the contract will be effectively established but the contract will not be established or invalid. This reliance interest must be based on reasonable trust, that is, at the contracting stage, one party's behavior has made the other party believe that the contract can be established or effective. If you can't trust the establishment or entry into force of the contract from objective facts, even if you have paid a lot of money, it is caused by the contractor's own misjudgment and can't be regarded as the loss of trust interests. (3) The party who violates the statutory collateral obligation or the prior contractual obligation must be at fault subjectively. The fault here includes both intention and negligence. Whether intentionally or negligently, as long as the collateral obligation is violated at the contracting stage and the contract is ultimately unsuccessful or confirmed invalid or revoked, it should bear the liability for contracting negligence. Moreover, the size of liability has nothing to do with the form of fault, because the liability for contracting fault is based on the loss of trust interests of others, and its foothold lies in the final result of the behavior, not the behavior itself.

(4) There must be a causal relationship between one party's violation of statutory collateral obligations or pre-contract obligations and the losses suffered by the other party. That is to say, the loss of trust interests of the other party is caused by the actor's fault in contracting, not by other acts. If there is no causal relationship between the two, it cannot be allowed to bear the responsibility of contracting fault, which is the inherent requirement of the liability system.

the above four elements are indispensable, otherwise, the liability for contracting fault cannot be generated. At the same time, the four elements are interrelated organic whole, and the determination of fault liability in contracting must be carried out in strict accordance with these four elements.

4. The civil liability that the party responsible for contracting negligence should bear: Article 42 of China's contract law regards damages as the remedy of contracting negligence liability, which is the legal embodiment of the compensatory liability for contracting negligence. The scope of compensation for reliance interests: (1) contracting expenses, such as reasonable expenses paid for field visits for contracting; (2) Expenses paid for preparation and actual performance, such as reasonable expenses paid for transporting the subject matter to the buyer; (3) The interest lost due to the expenses for contracting or the expenses for preparing and actually performing the contract.

5. suggestion: collect the factual proof materials of the above losses and bring a lawsuit to the grassroots people's court where the school is located.