- (2009) FuFaMinChuZi 470
- Chongqing Fuling District People’s Court
- Mr. and Mrs. Ran v. Mr. Yuan
SERVICE CONTRACT - BETWEEN CHINESE INDIVIDUALS - GOVERNED BY CHINESE LAW
"COMMENTS" BY A CHINESE JUDGE ON COURT DECISIONS - NOT LEGALLY BINDING – COMPENSATION FOR MORAL DAMAGES AS A RESULT OF BREACH OF CONTRACT - REFERENCE TO ARTICLE 7.4.2 IN UNIDROIT PRINCIPLES 1994.
Plaintiffs, two Chinese individuals, concluded a contract with Defendant, a Chinese individual, to help them in the preparation of their wedding and to film the ceremony. Due to a technical defect of its equipment in Defendant’s video only part of the wedding ceremony was filmed, prompting Plaintiff to sue Defendant for breach of contract and compensation for moral damages. The First Court of Instance decided in favor of Plaintiffs on the ground of breach of contract and ordered Defendant to pay compensation for moral damages.
The case was analyzed in an article written by a judge from the First Court of Instance. When analyzing whether the compensation for moral damages should be paid to Plaintiffs, the judge referred to article 7.4.2 in UNIDROIT Principles (1994) and its comments which in his view supported the Court’s decisions