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Dispute over Performance Contract Between a Cultural Media Company in Fujian and an Artist

Case Summary

The plaintiff, a cultural media company based in Fujian, entered into a "Commercial Performance Contract" with the defendant, a certain artist. The contract stipulated that the defendant would perform at a commercial event organized by the plaintiff in Xiamen, with a performance fee of 120 ten thousand yuan. Upon signing the contract, the plaintiff paid an advance of 60 ten thousand yuan. 15 days before the scheduled performance, the defendant unilaterally notified the plaintiff of cancellation without any valid reason. To prepare for the event, the plaintiff incurred costs including venue rental, stage construction, promotion and advertising, and ticket refund losses, totaling 280 ten thousand yuan. The plaintiff has filed a lawsuit requesting the return of the advance payment, compensation for all economic losses, and payment of liquidated damages.

Key Dispute

1.Does the defendant's unilateral cancellation of the performance constitute a fundamental breach?
2.Are the economic losses claimed by the plaintiff reasonable?
3.Scope of the Defendant's Liability for Breach of Contract

Case Strategy

1.Core evidence includes: the fixed-term performance contract, proof of advance payment, communication records regarding the defendant's cancellation of the performance, receipts for all expenses incurred by the plaintiff in preparation for the performance, and records of ticket sales and refunds.
2.Prove that the defendant unilaterally canceled the performance without justifiable cause, constituting a fundamental breach of contract and making them liable for all resulting damages.
3.Itemize the plaintiff's economic losses, demonstrate the direct causal link between these losses and the defendant's breach of contract, and provide complete supporting documentation.
4.Claim a reasonable liquidated damages amount based on the standard stipulated in the contract and the plaintiff's actual losses.

Processing Result

The court ruled that the defendant shall refund the advance payment of 60 ten thousand yuan to the plaintiff, compensate for economic losses of 280 ten thousand yuan and liquidated damages of 24 ten thousand yuan, totaling 364 ten thousand yuan. The defendant shall bear all litigation and preservation costs for this case.

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