Method: 119th [Party] in preventing further loss of obligations of a party breached the contract, the other party shall take the appropriate measures to prevent further loss; not to take proper measures so that the losses are enlarged, it may not claim compensation for the additional losses.
parties to prevent losses due to expansion of the reasonable expenses, by default.

120th [bilateral breach liability] if both parties breach the contract, they shall bear their respective.
Case:

"The people's court case"2003No.2Series, No.44Series, No.256 261Page: the lower sales v. Liu Yuwen Liu Yuwen in the return of mortgage loans in the loan after the expiration of the pledge not to matter devaluation to matter for loan

1997Years12Month17Day, Liu Yuwen (the defendant) and Agricultural Bank of Chinese Tianjin City Cang County Branch Office (the plaintiff) signed a pledge loan: the loan contract45000Yuan, to limit the use of time1998Years6Month20Daily, monthly interest7.92%. After signing the contract, the defendant will pledge to the vehicle possession, and wrote "such as loan due cannot repay, the plaintiff has the right to dispose of the pledged vehicle and its realizable value to repay the loan principal and interest" commitment to the defendant. The plaintiff loans loans risk gold buckle4500Yuan, supervision fees375Yuan, the actual loan40125Element. The defendant in2000Years9Monthly payment5000Element.2000Years10Month23The day went to court to require the defendant to repay the loan45000Yuan, interest2347.71Element. The defendant said plaintiff violating financial laws pre-sale loan interest. After loan expires, the plaintiff is not in accordance with the commitment to pledge the vehicle for disposal, the vehicle should pledge to the plaintiff all, to pay for the loan principal and interest.

Tianjin city county court accepts the case after the pledge assessment commissioned by the vehicle at1998Years6Month20Loan to value at expiration date30150Element, present value6300Yuan, depreciation23850Element. The actual payment of loan principal40125Yuan, from1997Years12Month18Date to2001Years3Month31Day, should calculate the interest12476.48Yuan, principal and interest for52611.48Element.

Tianjin city county court held that: the contract. The plaintiff should be in accordance with the actual loans40125Yuan for the interest. The plaintiff did not press the commitment to pledge vehicle timely disposal, deal with mortgage vehicle depreciation23850To assume responsibility, so the remaining principal to the difference, as16275Element. The defendant has the interest paid5000Yuan Yingcong the defendant owed loan interest12467.48Yuan deducted, the remaining interest7467.48Element. The court in2001Years4Month14Daily sentence the defendant to repay the loan principal16275Yuan, up2001Years3Month31Days interest7467.48Element.

"The people's court case"2003Year third series, No.45Series, No.231 238Page: Qinglongshan kiln Co. v. Hongda Automobile repair company damage loss case was repaired vehicles claim for loss of vehicle and the other car use in repair

Nanjing Qinglongshan kiln Co., Ltd. (the plaintiff) to the court said: number of ZhejiangA00928Opel sedan is the Thai Zhejiang Machinery Industrial Co., Ltd. (the two) all, due to business needs by the plaintiff paid use.2001Years1Month10Day, because of the vehicle's fault, the plaintiff a car to Nanjing Hongda Automobile repair company (defendant) repair. Under repair, the defendant is the car to drive Li repair shop, lead to traffic accidents, the car crashed. For the car value15Million and the economic loss65000Element.

The defendant said: to repair the car, the car for debugging, so that traffic accidents caused by the vehicle damage. Our company is a repair point USA General Company, have the ability to fix the car again, it does not agree to indemnify the loss. The two does not have the rental vehicle qualification. The plaintiff in the damaged vehicles need to rent a car, should contact with my company, my company car, the general situation of a single in its own car rental was significantly higher than that of the Nanjing market, so the plaintiff a broadening of the loss, do not agree to compensate.

Qinhuai city Nanjing District Court identified: the vehicle driving out the accident, after identification, the vehicle loss amount77588Element. After the accident to the court, the plaintiff provides both sides in two1999Years8Month1A signed contract, the plaintiff agreed since1999Years8Month1To2002Years6Month31The two day of the car, the monthly fee for8000Element. The plaintiff also provides a and Nanjing hangtai industrial limited company car rental agreement, agreed to lease Nanjing HangTai Industrial Co., Buick sedan car, from2001Years2Month1Date to2001Years7Month31Daily, monthly rent for9000Element. The defendant that the plaintiff two and Nanjing Airlines Thai Industrial Co., no rental vehicle qualification, does not meet the legal requirements, and rental car rental obviously too high; the defendant submitted two pieces of evidence, proof of Santana and Fukang car monthly rent only in3000Yuan to2983Yuan between, the defendant that the plaintiff should be in the car before and the defendant, the defendant owned car for the plaintiff to use, it also can reduce the loss. Both sides in the trial of the vehicle is to compensate or repair the controversial. The plaintiff argues that the vehicle has been seriously damaged, can not be repaired, it shall pay compensation for the losses. The defendant believes that since the authorities assessed loss of vehicles, the vehicle can repair itself, and also has the ability to repair. An application by the plaintiff, the court commissioned assessment, the car value73300Element.

Qinhuai city Nanjing District Court held that: the plaintiff can investigate the responsibility of breach of contract, or tort liability. The two plaintiffs demands for the responsibility of breach of contract, because the two sides of vehicle maintenance and repair is the plaintiff and defendant, the plaintiff two although the vehicle owner and the defendant, but there is no direct link, therefore, the plaintiff is not two in this case as the basic legal relationship, should be rejected the prosecution. The resulting in the repair process of vehicle damage, should bear the responsibility. Due to both the basic legal relationship for the repair contract relationship, repair is the first duty of the defendant. The spirit still can repair repair, really can not repair, can replace or compensation for the loss of spirit, in view of the defendant to dispute the vehicle that has the ability to repair, therefore, the defendant should be in a certain period of time, the car repaired and delivered to the plaintiff. For the proposed car loss, should consider. Because the plaintiff and the defendant a car should first consult, in order to reduce the loss of both. The plaintiff and defendant to discuss a no loss rental enlarged, by themselves. The plaintiff a car rental costs are too high, the general domestic car rental in3000Yuan. Therefore the plaintiff a car rental loss should be from2001Years1Month20The date of a month3000Element to the repair of vehicle delivery stop when its use. The court in2002Years2Month28Two, rejected the plaintiff litigation request, the defendant in the verdict within one month of the vehicle repair, vehicle detection line and the Nanjing city public security departments detection qualified delivery using the plaintiff; such as unqualified, the defendant to compensate the plaintiff loss73300Yuan, the car residual belong to the defendant; the defendant should compensate the plaintiff car loss, from2001Years1Month20The date of a month3000Element to the repair of vehicle delivery stop when the plaintiff's use.