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(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).
2) The losses suffered by Company D shall be borne by Company A, and the contract signed by both parties is true and valid based on the willingness of both parties to sign the contract. Company D purchased equipment based on its trust in Company A, so the losses suffered by Company A should of course be borne by Company A. Company A has the right to demand that Company B bear the liability for breach of contract for losses caused by its inability to perform the contract.
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1. Due to the lack of the key content of the formation of the contract in the fax of A, it is not a qualified invitation, but an invitation invitation in the contract law. The act of replying by A does not make a substantial change to B's counter-offer, which is a confirmation of B's invitation and a promise, and the conclusion of a written contract is not a substantive element of the contract for the sale of goods, so it can be regarded as not changing the content of B's offer.
2. The sales contract is established, and according to the provisions of the Contract Law, the contract is formed when a qualified invitation obtains a promise of non-substantial change.
3. B may claim to the court that A bears the liability for breach of contract, and request the court to exercise the right of revocation on the basis that A has waived the current creditor's right and transferred the creditor's right free of charge (Article 74 of the Contract Law). According to Article 75 of the Contract Law, "the right of revocation shall be exercised within one year from the date on which the creditor knows or should know the reasons for revocation."
If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished. ”
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It must be a transaction, and the same is not effective, in how not signed is not effective, the law can not be true, but it still depends on their own relationship, everyone knows that money can make the ghost grind.
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The car sales contract is valid, and the company should bear the loss (it can only be said that they did not consider it comprehensively when drafting the contract, and did not write down the details of the accident or anything clearly) Zhang can claim compensation, and the latter series of issues can be claimed for compensation. I can't write it all at once, or you can leave me a message and ask me specifically, because I'm at work right now, and I can't write in great detail during working hours.
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This seems to be a bar exam question, please refer to the published answers.
This question is actually not difficult.
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This case concerns the issue of summary delivery. The so-called simplified delivery refers to the delivery of the subject matter at the effective time of the contract if the buyer is in actual possession of the subject matter before the conclusion of the sales contract. Accordingly, the effective date of the contract in this case was May 10, and the delivery time of the subject matter was also May 10.
Article 142 of the Contract Law stipulates that the risk shall be transferred from the time of delivery. Therefore, in this case, if the cattle are delivered on May 10, the risk shifts on the 10th.
The cattle encountered the risk on the 12th, so the buyer Liu should bear the risk.
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1. B bears the responsibility, and the risk changes with the delivery, because it is delivered by simple delivery on the 10th, so the risk should be borne by B.
2. Ownership has not been transferred. Because there was no delivery. The risk should be borne by A, for the same reasons as above.
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