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Hello friends, I am a judge, there are a lot of contract items, and if you write it in private, you may not think all of it, and think it accurately. I suggest that you better find a lawyer to write it so that there will be no trouble later. I think it's better for you to open it alone, if you open it in partnership, there are too many things and many disputes.
But I sincerely wish you a fortune. I don't know if you're satisfied with me like this. Goodbye friends.
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The common legal issues in entering into a contract are as follows:
1.Is there any validity of verbal changes to a contract after it has been formally signed? Verbal changes are also valid if there is no clear agreement on the form of change.
2.Whether a contract is only valid in writing. Contracts can take written, oral, and other forms.
3.Whether the altered part of the contract is valid. If the contract is unilaterally altered to change the original contract, the changed part shall be invalid; After the agreement of both parties through consultation, the contract shall be re-signed or the corresponding terms of the original contract shall be amended or supplemented, and the altered part shall be valid if the official seals of both parties are stamped or fingerprints are affixed at the modified place.
Civil Code of the People's Republic of China
Article 469:When the parties conclude a contract, they may use written, oral, or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
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1. All Beijing companies can request Hong Kong companies to deliver a batch of qualified Brazilian cocoa beans at 50w**.
The Hong Kong company could not demand payment from the Beijing company for the damaged cocoa beans.
The thieves' entry into the warehouse was itself the fault of the Hong Kong company, and they were negligent in the management of the warehouse.
The Shanghai lawyer upstairs, you understand that Article 142 of the Contract Law stipulates that "the risk of damage or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after delivery, unless otherwise provided by law or otherwise agreed by the parties." "What do you mean?
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1. "The goods are stored in the warehouse of the cocoa company", how is the storage and storage agreed in the contract? Strictly speaking, Cocoa Company has a storage obligation until Beijing First Foods picks up the goods.
2. Hong Kong Cocoa Company has not fulfilled the delivery obligations agreed in the contract and shall be held liable.
3. The theft of "thieves who commit theft in the warehouse" proves that there are problems in the management of the company, and the responsibility of protection and care has not been fulfilled.
4. Question 1: The Beijing company can ask the Hong Kong company to deliver a batch of undamaged cocoa beans at a price of 500,000 yuan.
5. Question 2: The Hong Kong company cannot ask the Beijing company to pay the price of the damaged cocoa beans.
For reference, please give a good review in time.
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Hello, when is the goods involved in this case considered to have been delivered? When does cargo assumption shift?
When the Beijing company is notified by fax to pick up the goods, according to the agreement of the sales contract, the goods have been delivered at this time, and the risk should be borne by the Beijin company.
Accordingly, the Beijing company could not require the Hong Kong company to deliver a batch of undamaged cocoa beans. The Hong Kong company can request the Beijing company to pay the price.
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1 can be requested, otherwise the Hong Kong company will be in default; 2 No, you can't. Because the ownership of the goods was not transferred to the Beijing company, and it was not delivered to the Beijing company. The loss of goods caused by the fire shall be borne by the Hong Kong company. There was no breach of contract by the Beijing company.
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Tell me your student number and I'll give you a good one! They are all so positive, I have been a teacher for so many years, and I have never met such a serious student of yours. 15% is yours.
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The teacher Yu upstairs is an impostor, and I am
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Hello, I am Mr. Yu, and I announce that I will directly sentence you to the last position.
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Purchase and sale contracts. Seller: (hereinafter referred to as Party A) Beauty Garment Factory.
Residence: Hangzhou Road.
Legal representative: Wang Lijian.
The opening bank is Hangzhou Industrial and Commercial Bank of China, and the account number is because 98765695**4563876
Buyer: (hereinafter referred to as Party B) Parknshop Mall.
Residence: Provincial Yongde City Road No.
Legal representative: Li Tianmin.
The opening bank is Yongde Industrial and Commercial Bank, and the account number is 88375921**2845987
On March 20, 2003, in accordance with the Contract Law of the People's Republic of China and other relevant laws and regulations, Party A and Party B reached the following terms of the sales contract for Party B's purchase of Party A's products on the basis of equality and voluntariness and after full negotiation.
1. Product name and quantity.
Mulberry silk women's long-sleeved embroidery, the quantity is 1000 pieces.
Second, the price of the product.
The unit price of each piece is 180 yuan.
3. Product delivery.
Before June 1, 2003, the garment factory will be directly transported to the shopping mall, and the freight will be borne by the garment factory.
Fourth, the price settlement.
After the mall receives the goods and passes the acceptance, the shopping mall will pay the goods in a lump sum through bank transfer within 15 days of receipt. In the event of a delay in delivery or payment, the party who deferred must pay the other party a late fee of 2/10,000 of the total price of the goods for each day of delay. If the quantity is insufficient, 20% of the price of the insufficient part will be compensated.
If the quality does not meet the agreed standards, the price is reconsidered.
5. Other agreed matters.
This contract shall come into force after being authenticated by the Municipal Administration for Industry and Commerce.
6. The original contract shall be in duplicate, and both parties shall hold one copy each.
Party A: Party B:
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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1.Those who participate in the training must sign a five-year service agreement and liquidated damages of 10,000 yuan.
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages [shall not exceed the training fee provided by the employer]. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.
The basis is Article 22, Paragraph 2 of the Labor Contract Law.
Therefore, in this case, whether the liquidated damages are 10,000 yuan or not, and the amount of actual training expenses must be opened, and at the same time, it is also subject to the limitation of apportionment of the remaining period of service.
2.I would like to ask if this contract is legally binding.
The mere invalidity of one clause does not affect the invalidity of the entire contract.
In this case, the liquidated damages clause may be invalid, but whether the employment contract is invalid or not has to be judged according to other conditions.
3.Doesn't count as if we were forced to sign.
Coercion in the field of contracts refers to the use of physical or mental coercion to force the other party to agree to enter into a contract against its will.
In this case, it is not a situation of coercion, but a situation of obvious unfairness, that is, the employer takes advantage of its superior position to make standard terms and conditions that the employee has to sign in order to work. However, whether it has reached the level of obvious unfairness must be determined according to other conditions.
4.Do you have to pay 10,000 liquidated damages when you leave?
If the first point is analyzed, first look at how much the total training cost is, and then apportioned according to the agreed number of years, the apportioned quantity and the agreed 10,000 yuan compared with which value is smaller, according to which implementation.
Hope it helps, good luck!
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If you ask a colleague who trained with you at the time to testify that the company coerced your visa contract, then the contract is invalid, and you will not be liable for breach of contract.
But if you can't prove it, then you are in breach of contract.
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Only those that meet the requirements of Article 22 of the Labor Contract Law and Article 16 of the Regulations for the Implementation of the Labor Contract Law are called training, otherwise the liquidated damages agreement is invalid, is your situation compliant?
If you're not sure, you can ask me.
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1.You are signing a contract on the premise of keeping your job, which is not within the scope of coercion, at most it is manifestly unfair. It is not possible to null and void all contracts.
2.As for the liquidated damages, they should be deducted according to the service period after your training.
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No, of course, don't say that you are a party member when applying.
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