Cases for week 5

1. Exemptions
A and B entered into a contract of carriage. They agreed that B was
to send a truck of tofu to the market every morning. One day, Bs
truck was broken. And A suggested B using his truck instead, though
A knew that his truck was a little shaky. As a result, some of the tofu
was broken when B arrived at the destination.
Question:
Could the fault of A be the exemption of Bs liability?
Art. 311
2. Anticipatory breach
Store A ordered 100 000 kg of apples from Corp. B on October 18.
The contract stipulated that the apples shall be delivered on
November 8.On November 1, store A bought 100 000 kg of apple
from the local farmers and informed Corp. B that it wouldnt buy its
apples.
Question:
Could B ask A for damages before the due date?
Art. 108
3. Actual Breach
In order to make sure the vegetables produced by himself could be
sent to the market in time, A signed a carriage contract with B. They
agreed that B was to send a truck of vegetables to the market every
day this year. One day, B didnt send the vegetables to A, which led
to As lost of RMB 3,000.
B argued that he failed to send because his truck was under repair
and he didnt want to breach the contract. B thought one should not
be liable for breach of contract because of objective reasons.
Question:

Should B be liable for breach of contract?

Art. 107
4. Compensatory damages
A rented B a computer and promised it worked well. But if the
computer didnt work, B couldnt fix it by himself.
When B was using the computer, he found that it often crashed. Bs
roommate advised him saving the documents in time while B didnt
care, which finally led to the lost of documents (worth RMB 5000).
Then B fixed the computer by himself without informing A. And this
resulted in the damage of the CPU (worth RMB 2000).
Question:
Can the rule of contributory negligence or the rule of mitigation of
damage be applied?
Art. 112, 113&120
5. Penalties upon default
A and B entered into a sale contract of rice. They agreed that:A
shall send B 1 000 bags of rice on June 4 and B shall pay off them
after the delivery. The one who breaches the contract shall give the
other RMB 1500 as liquidated damages. A forgot the delivery on
that day.
Question:
Could B require A to pay the penalties on default?
Another situation:
Question:
If the breach caused B lost RMB1000, did B have to pay all the
penalties on default?
Art. 114
6. Earnest money forfeiture
A and B entered into a sale contract of rice. They agreed that: A
shall send B 1 000 bags of rice on June 4 and B should pay off them

after the delivery. B delivers RMB 10 000 to A as deposit. Bs shop

closed down in May. So when A sent the rice to B, B refused to
accept it.
Question:
Could A own the earnest money that delivered by B?
Art. 115
Another situation:
Question:
If A and B also agreed in the contract that the one who breached the
contract should give the other RMB 10 000 liquidated damages. How
to deal with the earnest money and the default fine?
Art. 116
7. Breach of contract Remedies based on tort law
November 12, 2012, A bought a car from Corp. B Then, when A was
driving home, the brake of car failed. And the car hit the pole beside
the road. A was hurt in the accident which cost him RMB 8000 as
medical fee. The repair cost him RMB 10 000. Now A wants to bring
a lawsuit against Corp. B, claiming that B should compensate for
them.
Question:
Which law could be based on to claim remedies?
Art. 112