China Breach of Contract : Recoverable Losses & Reasonable Foreseeability

Chinese Civil Code Art. 584: Breach damages cover foreseeable losses. Undisclosed rent not recoverable. Disclosed rent, resale profit, production profit may be claimable.

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We recently helped a foreign client with a contract dispute. The manufacturer failed to deliver on time. After we sent a lawyer‘s letter, the manufacturer agreed to refund the deposit. But our client was still not satisfied. He said he had rented a shop overseas specifically for these goods, and because there was nothing to display, he wanted the manufacturer to compensate him for the rent loss.

Is this claim reasonable?

Article 584of the Chinese Civil Code provides that damages for breach of contract include the loss caused by the breach, including the benefits that would have been obtainable from performance of the contract, but shall not exceed the loss that the breaching party foresaw or ought to have foreseen at the time of conclusion of the contract.

In other words, the law tries to put the non-breaching party in the position they would have been in if the contract had been performed — including the profits they would have made. But this liability is not unlimited. The manufacturer is only liable for losses that were “reasonably foreseeable” at the time the contract was signed.

Several examples help illustrate this logic.

1. Rent not disclosed — not recoverable

The manufacturer had no idea that the buyer had rented a shop. The profit on this batch of goods might have been only a few thousand yuan, but the buyer rented a shop with an annual rent of hundreds of thousands of yuan. Holding the manufacturer liable for that would clearly be unreasonable.

2. Rent disclosed in advance — potentially recoverable

If the buyer had told the manufacturer at the time of contracting: “I am renting a shop specifically for these goods, and the rent is X yuan per month” — and could provide evidence (lease agreement, payment receipts, etc.) — then the rent would have entered the scope of “reasonable foreseeability”.

The manufacturer knew about the special purpose of the goods. If they chose to enter the contract, they accepted the corresponding risk. In that case, the rent loss could be claimed.

3. Resale profit — recoverable

The most typical type of recoverable benefit is resale profit. Suppose the buyer told the manufacturer at the time of contracting: “I am going to resell these goods to a supermarket and make a profit of X yuan per unit.” If the manufacturer defaults, the buyer can claim that resale profit — because it was already “foreseen” by the manufacturer.

4. Production profit — recoverable

A factory buys equipment for production and tells the seller at the time of contracting: “This machine can produce X units per day, and each unit generates Y yuan in profit.” If the seller delivers late, the factory‘s daily production loss (the profit that would have been made) is a foreseeable and recoverable benefit.

This is the principle under Chinese law regarding the scope of damages for breach of contract. To better protect your legal rights, the best practice is to have a lawyer prepare your contract before you start doing business.

Xuzhou Teacher Suspended After Burning Child's Lips With Hot Glue Gun

Kindergarten teacher in Xuzhou, Jiangsu suspended after allegedly burning child's lips with hot glue gun. Parent's May 29 social media post led to police probe.

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A kindergarten teacher in Xuzhou, Jiangsu province, has been suspended after a young pupil was allegedly injured with a hot glue gun inside a classroom, sparking strong anger from parents and prompting a police investigation.


The incident reportedly took place at the Experimental Campus of Fengxian No. 2 Government Kindergarten. A video said to be from classroom surveillance footage has been shared online, appearing to show a teacher holding a hot glue gun close to a child’s mouth.

The case gained public attention on May 29 after the child’s parent posted about the matter on social media. According to the parent, the child was picked up from school on May 27 with serious blisters on the lips. The child later allegedly told the family that the injury had been caused by a teacher using a glue gun.

The teacher reportedly claimed it was an accident and denied intentionally harming the child. However, the child’s injury later worsened, becoming infected and painful. The family then sought medical treatment and reported the incident to police.

The parent said that after police reviewed the classroom CCTV footage, the teacher’s explanation appeared inconsistent with what was shown in the video. The footage allegedly shows the teacher placing the heated glue gun against the child’s lips more than once. The teacher is also accused of pushing and hitting the child afterward, despite the child showing clear signs of pain and distress.

Other parents said the incident happened in Class 9 of the middle-year group. The teacher involved, surnamed Chen, was reportedly the head teacher of the class. Some parents believe the incident may have happened after children were talking during class.

Parents of other students have now demanded that the kindergarten release surveillance footage from the past 90 days and carry out a complete investigation into the teacher’s conduct. Local reports said the teacher has been taken for questioning, while police have opened a formal criminal inquiry.

The Fengxian Education Bureau said in a statement that it is treating the matter seriously and has set up a special investigation team together with relevant authorities. The teacher has been suspended while the investigation continues.

Source: Dimsum Daily

https://www.dimsumdaily.hk/teacher-suspended-after-child-burned-with-glue-gun/

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Suzhou's XJTLU 20th Anniversary 'Light Up the World' Campaign

XJTLU in Suzhou celebrated 20 years with 'Light Up the World' campaign (Jan-May), lighting up landmarks in 4 cities, drawing 70,000+ participants from 70+ countries.

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Xi’an Jiaotong-Liverpool University (XJTLU), an international university in Suzhou, Jiangsu province, recently celebrated its 20th anniversary.


To mark the occasion, the university launched the Light Up the World campaign, with landmark buildings illuminated across four cities: Xi’an and Suzhou in China, Liverpool in the UK, and New York in the US.


The campaign, which ran from January 1 to late May, drew participation from staff, students, alumni, and parents via an interactive online map, in-person lighting events, and campus celebration walls.


By the end of May, the campaign had attracted more than 70,000 participants from over 70 countries and nearly 300 cities.


At the University’s 20th Anniversary High-Quality Development Conference, Professor Youmin Xi, Executive President of XJTLU, reflected on the journey:


“Twenty years is both a moment to look back and a starting point to move forward. We will continue to innovate in education reform, nurturing world citizens capable of leading the future in an uncertain world.”


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A student leaves anniversary wishes on the XJTLU campus celebration wall


Professor Xi noted that XJTLU’s educational model has evolved from version 1.0 to 3.0 over two decades, and the anniversary marks the formal launch of its 4.0 framework—a new phase that deepens the integration of industry, academia, research, government, and society to build a future-oriented learning ecosystem.


“XJTLU remains committed to cultivating global talent with international vision, lifelong learning capacity, and an innovative spirit. Our alumni around the world are the living proof,” Professor Xi said.


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‘Light Up the World’ in Suzhou, Jiangsu Province, China


The campaign’s global reach was felt personally by alumni around the world. Youyang Huang, a 2021 graduate now pursuing postgraduate studies in the US, attended the Times Square lighting event in New York.


“The moment I saw my University’s name on the Nasdaq screen, I suddenly felt at home, even though I was far away,” she said.


“I even ran into fellow XJTLU alumni living locally. This went far beyond a graduation ceremony; it became a shared emotional memory and spiritual bond for XJTLU people around the world.”


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‘Light Up the World’ in New York, US


Back in Suzhou—the city where XJTLU was born—illuminations spanned the iconic Gate to the East, the XJTLU Suzhou Industrial Park campus, and XJTLU Entrepreneur College (Taicang), drawing students, alumni, and members of the public to mark the milestone.


During the on-campus celebrations, more than 50 staff and students from the Academy of Film and Creative Technology created a collaborative light show that transformed familiar campus landmarks into a living canvas.


“This large-scale projection was an exciting challenge—the project took an entire semester from concept to execution,” said Tian Leng, the light show instructor.


“Interactive projection aligns perfectly with XJTLU’s 20th anniversary theme of ‘Integration+’. The students weren’t completing an assignment; they were creating something together as a gift to XJTLU.


“We wanted the light and imagery to go beyond spectacle—to make everyone truly part of the celebration.”


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Staff and student collaborative light show


Alumni based in Xi’an also joined in, sharing lighting photos across social media platforms with warm wishes for XJTLU's next decade.


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‘Light Up the World’ in Xi’an, Shaanxi province, China


In Liverpool, a series of landmarks were simultaneously illuminated, including the Royal Liver Building and Liverpool Town Hall, reflecting the deep ties between the two cities.


The University of Liverpool described the campaign as a key part of XJTLU’s anniversary celebrations, noting that it showcased the achievements and impact of 20 years of Sino-British collaborative education.


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‘Light Up the World’ in Liverpool, UK


Founded in 2006 with a single teaching building near the shores of Suzhou’s Dushu Lake, XJTLU has grown into a distinctive international university with nearly 50,000 alumni worldwide and broad influence across industries and academia.


For more information about the university, please visit www.xjtlu.edu.cn/en or scan the QR code below.


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Palawan, Philippines Travel Guide : Top Attractions & Summer Activities

Palawan travel guide: UNESCO river, El Nido lagoons, Coron wrecks, Kayangan Lake. Dry season Nov-May. Fly to Puerto Princesa (1hr from Manila) or ferry Tue/Fri.

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Palawan is an island paradise of white-sand beaches, crystal-clear waters, vibrant marine life, and breathtaking limestone cliffs. Perfect for swimming, island-hopping, and diving. This world-renowned destination offers unforgettable tropical experiences.

Home to over 1,700 islands and islets, Palawan features four must-visit destinations: El Nido, Puerto Princesa, Coron, and San Vicente. Explore the UNESCO-listed Puerto Princesa Subterranean River, unwind in El Nido’s idyllic lagoons, or discover Coron’s famous shipwreck dives and crystal-clear lakes.

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Curise along the Puerto Princesa Subterranean River

The Puerto Princesa Subterranean River is a UNESCO World Heritage Site and one of the world’s most remarkable cave systems. You can flow through a stunning limestone karst landscape by boat. 

It also features an underground river, vast cave chambers, and a rich ecosystem that spans from mountain to sea. Therefore, this place is filled with diverse wildlife. Convenient tours are available from Puerto Princesa, making it easy for you to experience this natural wonder.

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Discover the El Nido Marine Reserve Park

El Nido Marine Reserve Park is a breathtaking sanctuary in northern Palawan, known for its dramatic limestone cliffs and rich marine ecosystems. Located about 240 km from Puerto Princesa. Home to diverse wildlife include rare endemic species and nesting sea turtles. Offers you a truly special connection with nature.

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Swim in the Barracuda Lake

Barracuda Lake is a stunning site with emerald-green brackish waters surrounded by impressive limestone karst formations. It is located on the northwest coast of Coron Island and offers not only a splendid place to visit but also one of the most unique dive sites in the region.

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Dive deep into the shipwrecks of Coron Bay

Coron Bay is one of the Philippines’ most famous dive destinations. Famous for the historic World War II shipwrecks resting beneath clear blue waters. Now beautifully covered in coral, these wrecks have become vibrant marine habitats and offer an unforgettable diving experience for certified divers. 

From Coron Town, you’ll find plenty of dive centers offering guided trips and courses to explore this remarkable underwater world.

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Get close to the animals in the Calauit Safari Park

Calauit Safari Park is a unique wildlife sanctuary on Calauit Island, just north of Busuanga near Coron. Spanning 37 sq km, it offers a rare chance to see giraffes, zebras, deer, crocodiles, monkeys, and more in a natural setting.

Thanks to its warm climate, the animals thrive comfortably in an environment similar to their native habitats. Day trips and overnight tours are easily available from Coron Town for a truly memorable experience.

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Explore the Tubbataha Reef National Park

Tubbataha Reef National Park is a remote marine sanctuary in the Sulu Sea and one of the world’s top diving destinations. This UNESCO-listed site is home to vibrant coral reefs and diverse marine life. You can find sharks, dolphins, whales, and sea turtles, all thriving in crystal-clear waters. Accessible only by boat from Puerto Princesa.

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Have fun in Kayangan Lake

Kayangan Lake in Coron is a stunning freshwater lake known for its breathtaking rock formations, caves, and small islets. Often regarded as the cleanest lake in the Philippines, it offers up to 10 meters of visibility. For a closer look, local guides can also lead you on a short hike to a viewpoint and nearby cave for an even more memorable experience.

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Kayaking in El Nido’s Small and Big Lagoons

The Small and Big Lagoons in El Nido are two of Palawan’s most beautiful natural highlights. Surrounded by dramatic limestone cliffs and calm turquoise waters, they offer some of the most scenic views in the Philippines.

Just a short 20-minute boat ride from El Nido town, these lagoons are perfect for a relaxing day of kayaking and snorkeling as part of a popular island-hopping experience.

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Stroll around Puerto Princesa

Puerto Princesa is the capital of Palawan, is known as one of the cleanest and greenest cities in the Philippines. Surrounded by beautiful beaches and lush forested hills, it offers a refreshing stop on your journey.

It’s a lovely place to spend a night or two, with time to enjoy local cuisine and explore a few heritage sites before continuing your adventure across Palawan.

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Accommodations

Panja Resort Palawan (Puerto Princesa)

Panja Resort Palawan in Puerto Princesa is a peaceful retreat just minutes from Honda Bay and nearby natural attractions. The resort features an infinity pool, a rooftop bar with stunning views, and comfortable rooms with private balconies overlooking the sea. 

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Miniloc Island (El Nido)

Miniloc, the Eco-Discovery island resort of El Nido Resorts, offers you a back-to-basics Filipino coastal village atmosphere with rustic or indigenous design. On Miniloc's house reef, you can swim with 1.5-meter jack fish and get up close and personal with a variety of marine species. 

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Lagen Island (El Nido)

Lagen Island is also the Eco-Sanctuary island resort of El Nido Resorts, has the densest limestone forest of the 45 islands and islets in Bacuit Bay. It is situated between a four-hectare forest and a tranquil, shallow lagoon. This hotel is also a refuge for numerous species of birds and mammals. Observe and appreciate the various endemic species thriving in their natural habitat. 

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Travel Tips

When is the best time to visit Palawan?

The best time to visit Palawan and its destinations is during the dry summer season, which runs from November to May. The warmest months are March and April, which mark the summer season in the Philippines. 

Palawan experiences rainfall mostly from July to September, with September being the month with the highest rainfall. However, the rest of the year is generally rain-free.

How to get to Palawan?

Flight: Domestic and international flights to Puerto Princesa are available daily. Travel time for flights from Manila to Puerto Princesa is just over an hour. The most common way to reach Palawan is by plane, with Puerto Princesa as the main jump-off. 

Ferry: Palawan can also be reached by ferry from Manila. The ferries depart only on Tuesdays and Fridays, taking almost a day. To ensure a comfortable sea travel, you can book accommodations in advance.

How to get around Palawan?

Palawan's top attractions can be reached through various land and sea transfers. To explore Palawan's island destinations such as Puerto Princesa, El Nido, and San Vicente/Port Barton, you can either hire private transfers or rent self-drive vehicles. However, to reach the separate islands of Coron, sea transfer from the main island is the only option.

Do I need a visa when traveling to the Philippines?

To obtain a visa, you can either submit your application online or visit the Philippine embassy in your country if the online application is not available in your region. At the embassy, you must submit photocopies of your documents along with a completed and signed application form. Please refer to this website for further details: https://www.visa.gov.ph/.

Are you still undecided on where to travel? If you would like to customize your own itinerary, please contact us at [email protected] or connect via WeChat: Expatsholiday.

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