回複：回複：回複：回複：請幫忙，公司違約怎麽對付。

來源: sjy 於 2008-09-04 22:54:36 [] [舊帖] [給我悄悄話] 閱讀數 : (1924 bytes)

Please read the facts carefully

The material you referred states
"This form of breach, also known as anticipatory breach of contract, occurs when one party positively states that he or she will not substantially perform a contract."

"本來已與一hospitalist公司簽約，在本市一醫院工作。" This statement can be only interpreted as the doctor made a contract with the company to work in a specific hospital. However, the company just informed him "這個醫院的hospitalist病區要關了，所以不能上班". This is a clear statement that the company does want him to work in the hospital under the employment contract. Allowing the doctor to work in the hospital specified in the contract is at least an implied material condition of the contract. If the company positively denies the doctor to work in the specific hospital, it is a breach of the condition in the contract. Thus, the company has "positively state[d] that he or she will not substantially perform a contract", which is letting the doctor work in the specific hospital. Therefore it is a clear anticipatory breach. The key fact here is the company told him "不能上班". If the company tells him they would find an equivalent position for him, that might change the story. However, the only reasonable interpretation of the statement made by the company is that the company is not going to keep the doctor, so it is a breach.

As you also mentioned, "因為能夠成立anticipatory repudiation的關鍵在於...簽署合約的一方"根本在實際上"無法執行這個合約." Since the hospital has already been closed, how it could be possible that the company let the doctor work for the hospital specified under the contract? In this case, it is impossible that the company would let the doctor work in the specified hospital, so it is a typical case of anticipatory breach.

Also I do not believe that the company would have impossibility argument for breach

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