Termination Conditions Determination Of New Type Service Contract

With the rapid development of China’s economic and graduallyimproved people’s living standards, consumers are increasinglydemanding quality of service and growing awareness of rights andinterests. Based on the traditional type of service contract disputes, a newtype of service contract dispute is emerged.Traditional service contract disputes involve competition betweentort liability and liability for breach of contract. However, new typeservice contract disputes usually involve only liability for breach ofcontract. These new disputes often directly reflect consumers’ innersubjective feelings. Usually consumers demand termination of contractsbecause they are not satisfied with the service. And these subjectivefeelings and judgments are difficult or unmeasurable during thedetermination of contract termination, thus bringing new challenges toreal trial practice. The paper focuses on the problems encountered in the judicial practice of the new type contract disputes. The authorsummarizes its characteristics, analyzes difficulties and explores reasonsof the determination of contract termination conditions. By referring tocases and laws from Taiwan, Japan, Britain and US regarding consumersatisfaction terms and contract supplementary interpretation, the authorprovides solutions to relieve the difficulties in determination of new typeservice contract termination in judicial practices.Based on China’s current situation and judicial philosophy,consumer satisfaction can be accepted as judgment evidence of defects inperformance of the contract. Through exploration of unwritten contents inthe contract by means of contract supplementary interpretation methods,the author points that changes of “Service Providers” or “Service Places”can be regarded as implied termination conditions to fill servicecontract’s loopholes.