Party A:
Party B:
Based on the principles of equality, voluntariness and fairness, Party A and Party B have reached the following compensation agreement for the XXX incident of Party B that occurred on X, X, X, X:
1. Party A is willing to compensate Party B for all expenses * * * at one time, that is, X yuan.
2. The compensation time is scheduled to be paid by Party A to Party B in one lump sum before X years, X months and X days.
3. After the above expenses are paid to Party B, Party B will arrange and handle them by itself, and its arrangement and consequences have nothing to do with Party A any more. ..
4. After Party A performs the obligation of compensation, Party B promises not to demand any other compensation fees from Party A in any form or reason.
5. After Party A performs the obligation of compensation, the handling of this matter will be terminated, and both parties have no rights and obligations .. In the future, the results of such compensation accidents will also be borne by Party B, and Party A will no longer bear any responsibility for it.
6. This agreement is the result of equal and voluntary consultation between both parties, and it is a true expression of both parties, fair and reasonable.
7. Party A and Party B have correctly read and understood the full text of this agreement, both parties understand the consequences involved in violating this agreement, and both parties are completely satisfied with the result of this agreement.
8. This agreement is a one-time termination agreement. This agreement is made in duplicate, one for each party, and shall come into effect after being signed or sealed by both parties. On this basis, both parties shall fully and conscientiously perform this agreement, and shall not be entangled for any reason.
9. Any physical or mental problems of Party B in the future have nothing to do with Party A. ..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the invalid writing of the terms of the compensation agreement
1, the compensation item is not clear. Some or all of the projects agreed in the agreement, if not clearly expressed, may bury great hidden dangers in the future.
2. Vague expression. The meaning to be expressed in the agreement must be clear and unique. If the expression is unclear and there are two or more understandings, the other party will hold on to it and we will have to pay compensation.
3. Lack of "dispute settlement", "no participation of both parties" and other representations of the end of rights and obligations. The two parties to the dispute signed a compensation agreement only to understand the dispute once and for all and avoid future troubles. However, when the agreement is written, there may be no words or clauses such as "After both parties perform the agreement, the dispute will be settled" and "No right can be claimed from the other party", which may lead to the possibility of being claimed again because the remaining rights are not given up.
Therefore, after the infringement accident, when both parties sign a compensation agreement, they must carefully consider and accurately express their own meaning to ensure that the expression of meaning is legal and effective. At the same time, they must show that there is no dispute between the two sides after the implementation of the agreement.
Third, the characteristics of tort damages.
1, the way to bear the liability for damages is based on the premise of causing property or personal injury to others.
Among various forms of responsibility, the responsibility of stopping infringement, removing obstruction and eliminating influence cannot be based on the premise of actually causing property or personal injury to others. As long as the victim's property, personal or other rights are infringed, endangered or hindered, the perpetrator can be required to bear these responsibilities; The responsibility of returning property, restoring it to its original state, repairing, redoing and replacing it is only based on the premise that the property is infringed; The responsibility of eliminating influence, restoring reputation and apologizing is usually based on infringement of personal rights or intellectual property rights. The liability for damages can be assumed on the premise that the property of others is damaged, and it can also be assumed on the premise that others are personally damaged.
2. The content of damages is to pay money or kind.
In other forms of liability, the infringer does not have the problem of paying money to the victim; Even if it is paid in kind, the property should belong to the infringer. In the form of responsibility for returning property, the property returned by the infringer to the victim was originally owned or managed by the victim.
3. The liability for damages is limited by various factors.
Other forms of responsibility are relatively simple and easy to operate when actually undertaking. However, the liability for damages is more complicated in actual undertaking and is usually affected by various factors. For example, we should consider the scope of compensation, the calculation of compensation amount, the economic situation of the infringer and the victim, and punitive damages in intentional infringement, such as the provisions of Article 49 of the Consumer Protection Law.
Legal basis:
Article 49 of the Law on the Protection of Consumers' Rights and Interests, if a business operator provides goods or services, causing personal injury to consumers or other victims, it shall compensate the reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses and transportation expenses, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 179 of the Civil Code of People's Republic of China (PRC) * * * The ways to bear civil liability mainly include:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(six) repair, rework and replacement;
(7) continue to perform;
(8) Compensation for losses;
(9) Paying liquidated damages;
(ten) to eliminate the influence and restore the reputation;
(eleven) apologize.
Where the law provides for punitive damages, such provisions shall prevail.
The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.