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4 In relation to the Contract Law of China:
(a) state which provisions concerning exemptions contained in a contract shall be deemed as invalid;
(b) state the rules that deal with the consequences where a contract is decided to be invalid.
答案:4 This question requires candidates to state the rules as to the invalidity of the provisions concerning exemptions contained in a contract, and the ways of treatment where a contract is decided to be invalid or is cancelled under the Contract Law of China.
(a) In accordance with Article 53 of the Contract Law, the following provisions concerning exemptions contained in a contract shall be deemed as invalid:
(i) the provisions that exclude one party’s liability for personal injury caused to the other party;
(ii) the provisions that exclude one party’s liability for property loss caused to the other party by its intentional misconduct or gross negligence.
(b) In accordance with Article 58 of the Contract Law, after a contract is decided to be invalid, the following ways to handle the consequences caused by the invalid contract may be adopted:
(i) The parties shall return any properties acquired from such an invalid contract.
(ii) Where the returning in kind is impossible or unnecessary because of the special nature of the subject matter of the contract, monetary compensations shall be made on the basis of the value of the property.
(iii) The party at fault shall indemnify the other party for its loss sustained as a result. Where both parties are at fault, the parties shall bear their respective liabilities accordingly.
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