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The right of subrogation is applicable to the debtor who neglects to exercise his due creditor's rights and endangers the interests of the creditor, and the right holder can only file a subrogation lawsuit at this time.
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Hello! Contract disputes are binding on the parties to the contract, and C is not a party to the construction contract. There are no claims and debts, and B and C have no right to fight against A if they sign an Internal Contracting Agreement. Therefore, a lawsuit cannot be brought against A, and he does not enjoy the priority of compensation.
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Revocable Material misunderstanding.
Petition the court to revoke it.
The mall is at fault.
Unjust enrichment, insufficient price, or return the goods at the same time as paying the corresponding usage fee.
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1) It is an ordinary sales contract.
2) According to Article 54 of the Contract Law, the mall may revoke the sales contract fairly according to the display.
3) If the mall claims that the contract is invalid, it may have to compensate A and B for the loss of trust interests. However, the Contract Law does not provide for it.
4) The handling method is as follows: (1) If the shopping mall does not cancel the contract, and A and B do not agree to return the camera and agree to pay the price again, A and B shall pay another 2,000 yuan to the shopping mall respectively according to the provisions of unjust enrichment. (2) If A and B do not agree to return the camera after paying the price, then the mall claims to rescind the contract, and the mall will return the 1,600 yuan paid by A and B, and give appropriate compensation for the trust interest.
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As a professional lawyer in contract and debt recovery, I have rich experience in contract dispute handling and debt recovery, and I can contact me to help you protect your rights!
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In fact, your contract is invalid, and if the boss threatens you, you can sue directly.
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Another person who came to grab the profit of nothing.
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An advertisement in a machinery company is not an offer, but an invitation to make an offer, an expression of the intention to make an offer to oneself in the hope that others will make an offer.
The construction company verbally made an offer to the machinery company to purchase after 10 days, and the machinery company agreed to the offer, i.e., the machinery company issued an expression of intent to accept. Then the contract between the two parties is concluded.
The problem is that the form of the contract is oral, and it is difficult to adduce evidence when asserting the conclusion of the contract, so the Contract Law has always advocated the conclusion of a contract in written form to facilitate the rights protection of both parties.
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Agreed intention, time, **, subject matter, the buyer did not pay the deposit, the contract was defective, "bidding priority, first cash flow income". If the seller defaults for less than 10 days, the third party shall negotiate with the seller to pay some interest. Examples for discussion.
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The notice issued by Company A to the three steel manufacturers was an invitation to make an offer. The reason is that there is no clear content of the offer and does not constitute an offer.
2.Company B sent the Company's fleet of 200 tons of steel to Company A on the second day after the reply was issued, and this act was in the nature of an offer.
3.Company A called Company D to request that it only ship 800 tonnes of steel, which was neither a withdrawal nor a withdrawal of an offer.
4.The contract between Company A and Company B was formed. If established, the contract would be for the delivery of 100 tons.
5.The contract between Company A and Company D was formed. If established, the contract will be a contract for the sale and purchase of 1,000 tons of steel.
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The defendant, a food company, was in urgent need of cement for the construction of the building, and sent a letter to Cement Factory A, Cement Plant B and Plaintiff Cement Factory C, saying: "Our company urgently needs 100 tons of cement with the number 150. "This is an invitation to make an offer.
After receiving the letter, the three cement factories successively replied to a food company, and informed them in the letter that they had stock and informed them of the cement **, which was an offer.
A letter was sent to B cement plant, saying: "Our company is willing to purchase 100 tons of 150 type cement from your factory, and we look forward to delivering it as soon as possible, and the freight will be borne by our company." "That's a promise.
Therefore, 1There was only an offer but no acceptance between the plaintiff and the defendant, and the contract was not established.
2.The plaintiff's lawsuit should be dismissed in this case.
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1.The contract between the plaintiff and the defendant is not established! The defendant issued an invitation to offer, not an invitation, and the plaintiff's delivery behavior was not confirmed by the defendant, so the contract between the two could not be established!
2.The court will dismiss the plaintiff's claim. c The cement plant brought back its own goods, and the defendant did not constitute a breach of contract and did not have to bear civil liability.
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1. The food company issued an invitation to offer to three cement factories; The replies to the letters and telegrams from the three cement factories to the food companies were clear and specific, and they were all offers; If the food factory responds to the offer of cement plant B and agrees, it is an acceptance. Therefore, only a contractual relationship exists between the food plant and the cement plant. The plaintiff's delivery was not recognized by the food factory, so the plaintiff and the defendant did not reach an agreement on the offer or commitment.
The contract is not formed.
2. The plaintiff's claim is dismissed. The food factory was not required to compensate the plaintiff. The plaintiff shall bear the losses caused.
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1. The sales contract is not established. The defendant's act of sending a letter to A B C was an invitation to make an offer. C's reply and delivery were acts of offer, and C's refusal to receive the goods after delivery showed that it had not made any commitment to C's offer, so the offer and commitment between C and the plaintiff were not agreed, so the contract was not established.
2. In this case, the plaintiff's claim should be dismissed. Due to the error in the substance of this case, the claim was dismissed by a "judgment" rather than a "ruling" to dismiss the lawsuit, because the dismissal of the lawsuit was a procedural error, and the ruling was used instead of a judgment.
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According to the principle of debt, you and I sign a contract for the sale and purchase of automobiles, you have the right to receive the contract price, I have the right to obtain the ownership of the car, you have the obligation to deliver the car and transfer the ownership, I have the obligation to pay the price of the car, and the subject matter of the contract is the car.
For example, if you owe me 100 yuan and I owe you 100 yuan, then you and I can claim set-off according to Article 99, and the notice reaches the other party, and the creditor's rights and debts of 100 yuan on both sides will be extinguished. Article 100 of the Contract Law says that you owe me 100 yuan, and I owe you 100 yuan worth of goods, and the subject matter at this time is not the same kind of thing, and we cannot claim statutory set-off, but we can negotiate to offset each other, and you will no longer repay my arrears, and I will no longer deliver the goods to you.
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Since you ask in the vernacular, I also reply in the vernacular, the subject matter is generally the thing, the object... The subject matter is the object to which the rights and obligations are directed.
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Contract Law Meaning: Constitutive elements of statutory set-off: 1
The parties are indebted to each other. 2.The type and quality of the subject matter of the debts of both parties are the same.
3.The debts of both parties have reached the end of their settlement period. 4.
Depending on the nature of the debt, it can be set off. In addition, debts that are not debts or intentional torts cannot be set off; Debts that have exceeded the statute of limitations may not be claimed as active claims.
For example, if you owe me a certain amount of RMB, and I owe you a certain amount of US dollars, here, RMB and US dollars are indicators, but since both of them are money, they can be offset within a certain range.
Contract Law》 Meaning: Although the two parties owe each other's debts, the type and quality of the subject matter are different, and they cannot be offset without the consent of both parties, but they can still be offset after consent.
For example, if Company A owes Company B 200 computers and Company B owes Company A 35 hard disks, the subject matter here refers to 200 computers and 35 hard disks respectively.
(1) The contract between Company A and Company B is a contract with a term of reference ("the end of the ongoing cooperation between Company B and Company C" is the term of contract), and the contract between Company A and Company D is a conditional contract ("once Company A begins to cooperate with Company B" is a condition). >>>More
The first office has a 9% chance of having a pen, the second office has a 9% chance of not having a pen (i.e., 3 people don't have a pen with a pen) is (1-3%) (1-3%), and the chance of having a pen is 1-(1-3%) (1-3%) (1-3%) >>>More
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