Analyzing The Termination Of Service Contract Through Disputes Of Beauty Salon Contract

During my internship in the People’s Court,I find some cases about the disputes ofbeauty salon contract. This thesis was written after my anlysis on the basis of someinvestigation. With the fast development of our society and the improvement ofpeople’s living standard, people begin to have a higher standard of requirementtowards the quality of service. As a result, besides the traditional disputes betweencustomers and beauty salons, some new type disputes begin to come up. This newtype disputes are not similar with the traditional type. The traditional type alwaysinvolves tort liability and the liability for breach of contract, while the new type justinvoles the liability for breach of contract. The new type involves more of customers’inside feelings，which cause some uncertain on the recognize standard of thetermination of contract and bring a great challenge to our trial practice.At first, this thesis analyze the main types and features of the disputes betweencustomers and beauty salons, then propose the questions exist in the termination of service contract. Secondly after analyzing foreign cases about “satisfaction clause”, Ifind American and Japanese judges have different attitudes towards explaining those“satisfaction clauses”. American judges prefer to give subjective explainationto“satisfaction clause”, while Japanese judges prefer to give more strict objectiveexplaination. After my analysis of these differences, I find the meaning that will bepresented in our trail practice.In the last two chapters, I propose two methods to settle the problems of thetermination of service contract, which involves the supplement of legal loopholes andthe supplement of implied items. In Chapter3, I firstly analyze basic theory of thelegal loophole, then I come to the conclusion that the rules about the contract for workcan be analogy applied to the service contract. In Chapter4, I first analyze basictheory of implied items in the contract, then I come to the conclusion that according tothe expected and good faith duty clause, the “change of service provider” and the“change of service-providing place” can be treated as implied termination condition togive supplement to the contract loopholes.