Case Help me solve it, who will help me analyze this case?

Updated on technology 2024-02-09
13 answers
  1. Anonymous users2024-02-05

    1.The contract signed between a park and a construction team is legal and valid.

    2.The contract paid the construction team 30,000 yuan, 10,000 yuan every ten days, and completed the dredging work in one month. It is signed under the principle of equality and voluntariness, and both parties should strictly perform it.

    3.The park failed to pay the second construction payment on time, and several reminders were unsuccessful. A park violated the terms of its employment contract.

    The park insisted on not rescinding the contract, and if it did, it would return the advance payment of 10,000 yuan and restore the lake to its original state, and the demand to refill the water was illegal. According to Article 32 of the Labor Law, if the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, the employee may terminate the labor contract at any time by notifying the employer.

    4.According to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, if an employer deducts or defaults on the wages of an employee without reason, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall pay an additional economic compensation equivalent to 25% of the wages and remuneration.

    Therefore, it is legal and reasonable for the construction team to demand that the park compensate them for their losses of 2,000 yuan, and in addition to the termination of the labor contract, the park must also pay a certain amount of economic compensation.

    5.First, the parties should negotiate a settlement; If you are unwilling to negotiate or fail to negotiate, you can apply to the labor dispute mediation committee of the enterprise for mediation; If the mediation fails, it may apply to the labor dispute arbitration commission for arbitration. Employees can also apply directly to the Labor Dispute Arbitration Commission for arbitration.

    If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  2. Anonymous users2024-02-04

    If conditions permit, find a middleman to greet the park leaders, and make money with kindness

  3. Anonymous users2024-02-03

    A breach of contract by the park party shall be brought to court.

  4. Anonymous users2024-02-02

    Take a look at the relevant laws, you can ask below.

  5. Anonymous users2024-02-01

    The park has breached the contract, so the construction party does not need to be afraid, you can apply to the local legal authorities to make a decision, and if you can't do it, you can go to the local court to sue.

    However, it is better for both parties to negotiate in this case, which can save a large part of the expenses and also protect the reputation of both parties, which is beneficial to both parties.

    In fact, the construction party can claim compensation now.

  6. Anonymous users2024-01-31

    If one party fails to pay the construction payment in a timely manner as agreed in the contract, it has constituted a breach of contract and shall bear the liability for breach of contract, and may sue the local people's court to request the other party to bear the liability for breach of contract, make timely payment and compensate the construction team for the losses suffered thereby.

    It is imperative that the construction team leader negotiate with the park party to solve the problem correctly, if not, he can directly go to the court to sue, as long as there is a contract, the court will definitely support the construction party.

  7. Anonymous users2024-01-30

    First of all, consider using the law, or find the relevant departments to mediate, and if you can't do it, find some local ** to disclose the park's unreasonableness.

  8. Anonymous users2024-01-29

    1.There is no confusion between the property of the company (in the case of a limited liability company) and the property of the individual, and even if the other shareholders are family members, it cannot be concluded that the company and the company are the same person, so the company and the company are not the same person.

    2.It cannot be considered an investment in the company.

    It cannot be treated as equity.

    Because the $10,000 is in the form of a bond guaranteed by the company, it is a debt rather than equity.

    3.If it is regarded as a debt of the company, because it is secure, the property of the company should repay the secured claim first.

    4.In a limited liability company, the company is liable to the outside world with all its assets, and if there are still unliquidated debts after the closure of business, it can request liquidation, sell or auction all the company's assets for compensation, and if there are still outstanding debts, it will bear its own responsibility.

    The crux of this case is1 whether the sale of the store to the company was a related party transaction and whether the pricing was reasonable.

  9. Anonymous users2024-01-28

    (1) The guarantee on the bill of exchange is valid - because the bill of exchange allows confirmation (guarantee), that is, the confirmer (guarantor) provides security for the payment of the bill of exchange.

    2) The payer cannot attach conditions to the acceptance - because, the bill of exchange is an unconditional payment order, that is, the payer must pay unconditionally.

    3) The mall has the right to the bill - because the mall is a bona fide bearer, that is, the consideration has been paid for the bill of exchange (here the equivalent value of the commodity has been paid).

    4) The payer can refuse to pay on the grounds that the bill is reported as a loss report and stop payment - because the original holder has made a loss report payment procedure after the bill of exchange is lost.

    5) After the payer refuses to pay, the mall can take the right of recourse against Zhao, who transferred the bill.

    Why not ask another question? And to add?

    1) The guarantee on the bill of exchange is valid - because the guarantee (confirmation) is that after the guarantee bill is rejected or refused, the guarantor bears the responsibility for payment. Therefore, the guarantee (confirmation) of the bill of exchange is valid.

    2) Company D cannot sue Bank B for acceptance, because the bill of exchange is a commercial bill, therefore, the acceptor or payer of the bill of exchange can refuse to accept or pay. Therefore, Company D could not sue Bank B for acceptance.

    3) Company A cannot sue Bank B with a bill lawsuit - because this is a commercial bill, and there is no debt relationship between Company A and Bank B, if Company A does not go to Bank B to go through the procedures of locking the money on the bill, that is, when Bank B matures the bill, Company A's deposit in Bank B is insufficient to pay the money on the bill, and B has no obligation to pay the bearer.

    4) Bank B cannot attach when making acceptance"Company A will pay only when it has a deposit in the Bank" because the bill of exchange is an unconditional order for payment.

    5) If Bank B makes acceptance, then the legal effect after acceptance is valid, that is, if Bank B accepts the bill of exchange, then Bank B must pay the payee or bearer when the bill of exchange is due.

  10. Anonymous users2024-01-27

    I think that the bus stops at the station is to make an offer to passers-by, and after passers-by get on the bus, they accept the offer, and the contract is established, and according to the agreement, the bus should provide the machinery and equipment for payment, and the relevant equipment can not be used normally, which is the breach of contract by the bus party first, and should be liable, that is, continue to perform the transportation of passengers, so I think that Li can carry out relevant legal remedies for breach of contract.

  11. Anonymous users2024-01-26

    1. Xiao Wang's act of smashing Xiao Zhang's eyes is justified defense and does not bear criminal responsibility.

    2 Xiao Zhang's father and uncle cut off Xiao Wang's left hand, which constitutes the crime of intentional injury, which is a joint crime, and should bear civil liability for compensation.

  12. Anonymous users2024-01-25

    Article 17: Where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers, prison management organs, and their staffs, have any of the following violations of personal rights in the exercise of their authority, the victims have the right to receive compensation:

    1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the period of detention exceeds the time limit provided for in the Criminal Procedure Law, and a decision is later made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

    2) After arresting a citizen, a decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

    3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

    4) Extorting confessions by torture or causing bodily injury or death to citizens by beating or ill-treatment, or instigating or indulging others to beat or abuse others;

    5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

    Article 21: Where the verdict is changed to not guilty at retrial, the people's court that made the original judgment is the organ with the obligation to compensate. Where the second-instance judgment is changed to not guilty, and where the second-instance trial remands for retrial and is made not guilty, the people's court that made the first-instance judgment of guilt is the organ with the obligation to compensate.

    The compensation procedure is provided for in Section 3 of Chapter 3 of the National Compensation Law (2010).

  13. Anonymous users2024-01-24

    This is an unmarried cohabitation. If you do not have a cohabitation permit, you must provide evidence that the two people have lived together since that day. For example, various documents for changing addresses.

    The parties lived in a house owned by the husband before the cohabitation. Property belonging to the man.

    The furniture and appliances bought by both parties during the period of cohabitation belong to the joint property: color TVs. Washer.

    Because it is not officially married, the remuneration that belongs to the woman's **, including the piano given by her aunt, belongs to the woman. is personal property.

    The money earned by the man's business is his personal property.

    To sum up, it means that 2 people are just people living under the same roof. Each earns his own money.

    Once a certain party wants to marry (marry).The other party wants to take his or her own personal property.

    Because they live in a house that belongs to the man, after the man gets married, the registered official partner moves in, and the woman who lives together needs to move out. (Of course, if the three of them can coexist peacefully, then the woman who has lived together can continue to live as a tenant).

    And after this house is registered, it is the joint property of 2 couples.

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