- (2008) YiZhongMinZhongZi 15749
- Beijing Haidian District People’s Court; First Intermediate People's Court of Beijin
- Ms Qu v. Zhongnongyan Scientific Service Center Ltd.
SERVICE CONTRACT - BETWEEN A CHINESE INDIVIDUAL AND A CHINESE HOTEL COMPANY - GOVERNED BY CHINESE LAW
"COMMENTS" BY A CHINESE JUDGE ON COURT DECISION - NOT LEGALLY BINDING – WHETHER THERE WAS ANTICIPATORY BREACH OF CONTRACT - REFERENCE TO ARTICLES ON ANTICIPATORY BREACH OF CONTRACT IN UNIDROIT PRINCIPLES 2004
Plaintiff, a Chinese individual, concluded in February a contract with Defendant, a company in Shanxi, to book a room in August of the hotel run by Defendant and paid deposit. In May Plaintiff was informed that the room was no longer available, because the whole hotel was booked by others, prompting Plaintiff to sue Defendant for breach of contract. The First and Second Courts of Instance decided in favor of Plaintiff on the ground of anticipatory breach of contract by Defendant.
The case was widely discussed on media and was commented by a judge of second court of instance. In the comment the judge referred to articles on anticipatory breach of contract in UNIDROIT Principles (2004) which in his view supported the Court’s decisions.