Performance Broker (China) Practice Questions - National Qualification Examination For Performance Brokers (全国演出经纪人员资格认定考试) Exam

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Under Article 585 of the PRC Civil Code, if an agreed liquidated damages (违约金) clause in an artist performance contract is challenged in court as excessively high, what is the statutory benchmark generally used by the People's Court to determine excessiveness?

The amount exceeding 30% of the actual losses caused by the contractual breach The amount exceeding 100% of the total contract price The amount exceeding twice the artist's annual personal income Any liquidated damages exceeding 10,000 RMB regardless of actual loss

Correct Answer:

The amount exceeding 30% of the actual losses caused by the contractual breach

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