Developer undertaking the liability for breach of contract resulting from the false advertisements is the guarantee of sound development of real estate market,while developer undertaking liability for fault on concluding a treaty is the effective way to solve the false propaganda question in the commercial residential building sales advertisement and establish good market transaction order.
Besides, the transformation of this concept of contract not only expands the score of the contract liability from the traditional (mainly refers to the former three contract laws) liability for breach of contract into a novel system which subsumes liabilities for wrongs in conclusion of contract, anticipatory breach of contract, present breach of contract and post contract liability .
Starting from the general theory of liability for breaching contract, the author compares and analyzes the principles of attributing liability of breach of contract in the two systems of law and concludes that the principles of attributing liability of breach of contract should put strict liability first and take fault liability as complementarities.
However, with the development of the market economy the fact that creditor's right is infringed on by a third person has become commonplace, and the liability of breach of contract cannot provide sufficient protection to creditors alone.
At present,almost countrys in world have established the system of creditors rights of the third person infringement,in order to assistant the relief of liability of breach of contract,ensure the benefit of creditors rights.
explicating the additional donated commodity’s civil responsibility nature of maked person harms, the solution law question of the liability for breach of contracts, the tortuous liability and the coincidence of the liability for breach of contracts and the tortuous liability;
As regard to the coincidence of the liability for breach of contracts and the tortious liability, the author suggests that there should be necessary modifications of the clause No. 122 of the contract law.