The Research on Dispute of Liquidated Damage Issue Arisen from Pre-Sale of Commercial Houses

According to case review, between 2012 to 2018, the breaching parties claim mostly for reducing liquidate damages in majority cases decided by "Supreme Court" of China-Taiwan on the contract breaching issue of the pre-sale of commercial houses. Claiming the liquidated damages, there is a certain limit to comply with, stipulated by Mandatory Provisons of Standard Contract issued by the "Administrative Agency" in China-Taiwan. Author finds that the "Courts' Decisions" are different on status of breaching party. The sellers' claims for reducing liquidated damages were refused in cases decided by "Courts" at all levels. The buyers' claims for reducing liquidated damages were refused by "District Courts", while the decisions of "Supreme Court" are always in favor for buyers.