1.  The buyer, the seller should be how to burden of proof in contract disputes?

Contracts of sale, as the plaintiff to prove the following fact: general effective contract, the original; the plaintiff according to the contract contents to advance payment payment (or delivery) obligations; the defendant is not in accordance with the agreed time to honor the contract delivery (or payment) obligations; and after the warnings within a reasonable period of time fails to perform delivery (or payment obligations). The plaintiff to bolster their litigation request, to cite proof or evidence:

    First, the plaintiff need prove the sales contract, the original, it is to prove that the rights and obligations of both parties.

The conclusion of the contract in four ways: (Express(oral, written),Implied(behavior, silent))

1The conclusion of the contract, written form

Generally need to provide the following evidence to prove: the written contract, quotation, signed and sealed by e-mail, SMS and so on (temporary thought these)

In practice, such as the above written contract has defects, while the other denied, such as the contract without authorization, quotation, email signature is not my signature, which can provide the previous transaction records to prove that both sides have been trading habits.

2The conclusion of the contract, the spoken form.

The conclusion of the contract the oral, such as the other side denied it, more difficult to identify, can provide proof of the way. Suggestions for supplementary sign a contract or confirmation.

3The conclusion of the contract, in behavioral terms.

This can have a premise, it is both sides or industry should have a trading habits.

4The conclusion of the contract, to the silence of the form.

One party to the other party put forward requirements of other civil rights, not by words or text clear opinion, but its behavior that has been accepted, can be identified as implied. As implied not only in the legal provisions or the parties have agreed circumstances, can only be regarded as meaning.

Secondly, the need to provide their own evidence according to the contract.

Sometimes the two sides did not sign the contract, but can provide a delivery or receipt of words, as long as the documents with the name, quantity, price is, can prove their contractual relationship.

It depends on the specific terms of the contract, such as to provide the goods and the need to transport, which will provide delivery, transport orders, or after a confirmation of bills can also. Note that, if the other party to confirm receipt of delivery, the bills need each other to have the right to sign for people (preferably with a power of attorney) sign or cover unit chapter, prevent the side denied, if the other party that can provide both the previous transaction records, to prove it.

Note: the default each other we do not need to prove that, according to the civil procedure rules, shall have the burden of proof to prove that the performance of the contract. But for some special contract or transfer of burden of proof, the burden of proof to prove that the other party to my default or not.

Once again, the need to provide their own demand for performance obligations of the evidence.

This is a party delays performing, the plaintiff is not only want to each other to undertake responsibility of breach of contract, and further demands the termination of the contract. So one cannot cancel the contract, by notice to complete.

Finally, the plaintiff to prove themselves or each other should be how to compensate for the losses.

The lawsuit accused of:

1,  There is no contract between the defendant and the plaintiff.

2,  The defendant did not perform the first duty or the defendant is the unsafe right of defense.

3,  The defendant has performed the obligation.

Above1That is not required to provide evidence of the plaintiff, only need to question three,2,3This card is to propose a new facts, then the need to provide proof of

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