Legal analysis: the contract did not agree on the liquidated damages, the abiding party can be based on the actual losses claimed the defaulting party to bear the liability for breach of contract. One of the parties does not fulfill the contractual obligations or the performance of contractual obligations do not meet the agreement, causing losses to the other party, the amount of damages should be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.
Legal Basis: The Chinese People's **** and National Code
Article 577 If one of the parties fails to fulfill its contractual obligations or the fulfillment of its contractual obligations is not in conformity with the agreement, the party shall bear the responsibility for the breach of contract by continuing the fulfillment of the contract, by taking remedial measures, or by compensating for the damages.
Article 578 If one of the parties expressly indicates or indicates by its own behavior that it will not perform its contractual obligations, the other party may request it to assume the liability for breach of contract before the expiration of the time limit for performance.
Article 579 If one of the parties fails to pay the price, remuneration, rent or interest, or fails to fulfill other pecuniary obligations, the other party may request it to pay.