10/04/2025
Liability for Breach of Contract and Defenses Due to Sino-US Tariff War
Charles comments on How to deal with the Sino-US trade war
Overall, when a sales contract cannot be performed due to the Sino-US tariff war, the liability for breach of contract of the seller and the buyer depends on the contract terms, the governing law, and the specific facts. Defenses such as force majeure, change of circumstances, commercial impracticability, and frustration of purpose provide possibilities for exemption for both parties. However, whether the US tariff hikes constitute force majeure or change of circumstances is highly controversial in judicial practice, and different courts may have different determination criteria, which makes the defenses of both parties face great uncertainties.
Video transcript: https://www.legis.com.cn/view.php?id=113
Mr. Linchang "Charles" Shen, Senior partner of Shanghai Puruo Law Offices.Charles received law degrees from Peking Uni. and London Uni.. Before admitted to the bar, he had been a judge with an appeal court and served on cases involving economic crimes, IP and int'l trade through 1996 to 2009. In 2005, he was selected by the Supreme Court of P. R. China and awarded a scholarship by the Lord Chancellor of the British Government to join the Sino-British Judiciary Exchange Program. From August 2005 to August 2006, he pursued a master degree in SOAS, London University on a stipend from the British Government.
Charles practices in the fields of int'l trade , transnational investment, dispute resolution and criminal defense etc.
Contact Info:
Charles Shen, Managing Partner
Shanghai Puruo Law Offices
Mobile/WhatsApp/WeChat: +86 177 0160 2717
Email: [email protected]
https://www.legis.com.cn/
