Urgent Urgent Contract Law Cases Need Answers

Hello! Party B has fulfilled its obligations, and the contract will come into effect by the factory.

Article 48 of the Contract Law provides that the actor does not have the right to exceed the right or the right to exceed the right or the right to be terminated in the name of the person being the first to enter into a contract.

The contract is not effective against the person being recognized, and the actor is liable.

The counterpart may urge the person being ** to make a retroactive recognition within one month. If the person is not expressed, it will be deemed to be refused.

Ratified. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

Article 49: The actor does not have ** rights, exceeds ** rights, or makes a contract in the name of the person being ** after the ** rights are terminated.

If the counterparty has reason to believe that the actor has the right to enter into a contract, the act is valid.

Article 50: Contracts concluded by the legally-designated representative or responsible person of a legal person or other organization beyond their authority are not relative.

Except where a person knows or should know that he or she has exceeded his authority, the act of the representative is valid.

Article 60: The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform the notice and agreement in accordance with the nature, purpose and transaction habits of the contract.

Obligations of assistance, confidentiality, etc.

Article 61: After a contract takes effect, the parties have no agreement on the quality, price or remuneration, place of performance, and so on.

where the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be in accordance with the relevant provisions of the contract or.

Trading habits are determined.

Hope it helps.

1 Zhao, a farmer in a mountainous area, has a vase in his home, which was left by Zhao's grandfather. Li learned through others that Zhao's family had a Qing Dynasty vase, so he came to the door to ask for it. Zhao didn't know the true value of the vase, and Li bought it for 15,000 yuan.

Subsequently, Li sent the vase to an auction house for auction and sold it for 110,000 yuan. When Zhao learned of this a month later, he thought that Li had deceived him, found Li through many channels, and asked Li to return the vase. Li refused Zhao's request on the grounds that the purchase and sale of vases were voluntary and there was no deception.

After being instructed, Zhao filed a lawsuit in the people's court where Li was located, requesting to revoke the contract and requesting Li to return the vase.

Analysis: 1) Is there any legal basis for Zhao's litigation claim? Why?

2) What should the court do?

Answer: 1) The contract between Mr. Li and Mr. Zhao is an obviously unfair sales contract, and the obvious unfairness is caused by Mr. Zhao's lack of transaction experience, so Mr. Zhao has the right to request the court to revoke the contract in accordance with Article 54 of the Contract Law. Once the sales contract is revoked, the contract is not legally binding from the beginning, and according to Article 58 of the Contract Law, Zhao has the right to request Li to return the property.

Based on the above reasons, Zhao's litigation claim has a legal basis.

2) The court shall revoke the vase sale contract in accordance with the provisions of Article 54 of the Contract Law. and pursuant to Article 58 of the Contract Act

The provisions of the article require Li to return the vase to Zhao, and Zhao will return the vase money received to Li. If Li is willing to pay a price equivalent to the value of the vase, Zhao also agrees to accept it, and Zhao can make up the remaining price without revoking the contract.

The contract can be revoked, which violates the debtor's transfer of property at an obviously unreasonable low price, and causes damage to the creditor, so Zhao can exercise it within 1 year from the date of knowing the reason for revocation.

1. A cannot claim compensation from B. Because A's reminder of B to get out of the car is a non-legal act, i.e., an act of kindness, this kind of "promise" is not legally binding on A.

2. A sends a fax to B is an offer in the sales contract, and as long as B agrees, it is a legal commitment, and the sales contract of the 10 air conditioners is established when B promises. However, B has an objection to **, and according to the provisions of Article 20, Paragraph 4 of the Contract Law, it is a substantial change to the content of the offer, and A's offer is invalid. Although A's request is invalid, B's reply to A's fax is a new offer, and if A agrees, it can constitute an acceptance of the offer, and the contract is formed.

3. The sales contract of 25,000 subject matter between A and B is terminated due to quality problems, and according to the provisions of Article 97 of the Contract Law, both parties shall return to the original state after the termination, and Company B shall return all the payment to Company A. Article 99 of the Contract Law stipulates that the conditions for exercising the right of set-off are that "if the two parties bear each other's debts due and the subject matter of the debts is of the same type and quality, either party may offset its own debts with the debts of the other party".

4. According to the provisions of the Property Law, the mortgage of immovable property shall take effect from the time of registration. Therefore, the mortgage of 300,000 yuan did not take effect, and the mortgage of 500,000 yuan took effect, so the claim of 300,000 yuan was actually a general creditor's right. The company cannot repay the loan when it expires, because the mortgage can be repaid first, and the loan of 500,000 yuan should be repaid first, and the insufficient part should be converted into general creditor's rights.

If it is enough to repay the $500,000 loan, the remaining part is used to repay the $300,000 loan.

In this case, if both mortgages are registered, the proceeds of the real estate auction will repay the loan of 300,000 yuan first, and the remaining part of the loan of 500,000 yuan, and the insufficient part will be converted into general creditor's rights, which will not have priority in repayment.

If you have questions, you can continue to ask them.

(1) Company A's email was an offer because its content was specifically determined, and Company B's reply was a new offer because it had made substantial changes to the offer. (Articles 14 and 30 of the Contract Law).

2) There is a contractual relationship between Company A and Company B, and the contract was established on October 8, because although the chairman of Company B has not yet signed at this time, Company A has fulfilled its main obligations, and Company B has accepted it, and the contract is established. (Article 37 of the Contract Law).

3) If the place of delivery of the goods is not agreed, the two parties may agree to supplement it, and if no supplementary agreement is reached, Company A shall be deemed to have completed the delivery of the goods by handing over the goods to Transportation Company C (Article 141 of the Contract Law).

4) If the contract is formed in place C on October 9, because if the contract is concluded in the form of a contract, the contract shall be concluded at the time when both parties sign or affix their seals, and if the signatures or seals of both parties are not in the same place, the people's court shall determine that the place where the contract was signed is the place where the contract was signed is the place where the contract was last signed or sealed. (Article 32 of the Contract Law, Article 4 of the Judicial Interpretation II of the Contract Law).

5) The loss of the goods shall be borne by Company B, because after Company A hands over the goods to the first carrier, Company C, the risk of damage and loss of the subject matter shall be borne by the buyer, Company B. (Article 145 of the Contract Law).

1.The contract between A and B is valid. Party A and Party B shall be deemed to be a legal and valid sales contract if the expression of intention is true and there is no invalid statutory circumstance in accordance with Article 52 of the Contract Law.

2.There are no changes to the contract. According to article 77 of the Contract Law, the condition for the modification of a contract is that the parties agree to do so.

Now the negotiation between A and B has not been successful, so it cannot be regarded as a change in the contract. The contract shall continue to be valid and the parties shall continue the performance of the contract. 3.

The agreement on the deposit is not legal. According to Article 89 of the Guarantee Law, the amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. Now that the deposit has reached 25% of the subject matter of the main contract, once a civil lawsuit occurs, the people's court will not support the excess 5%.

4.A's conduct should be regarded as an anticipatory breach of contract. The contract between A and B clearly stipulates the price, place of performance, and guarantee.

The purpose of the contract is for A to obtain 100 tons of goods provided by B before 4 September, and for B to obtain payment for the goods after the delivery is completed. In addition, the sales contract is not a sales contract with installment payment, and before the contract is changed, A must pay B the price in a lump sum after the delivery is completed in accordance with the contract, otherwise B may suffer losses. Therefore, without reaching an agreement with B, A clearly stated that the delay in performing the debt and the inability to achieve the purpose of the contract had reached the statutory circumstance of rescission of the contract.

5.B, as the seller in the sales contract, does not claim to rescind the contract when it learns that A, as the buyer, may not be able to pay its purchase price within the agreed time limit and cannot achieve the purpose of the contract, and B should be deemed to have chosen to continue to perform the contract. Therefore, B should continue to perform the obligation to deliver the goods on a regular basis in accordance with the contract.

Therefore, both A and B have violated the provisions of the contract and shall bear their respective liabilities for breach of contract according to Article 120 of the Contract Law. FYI, civil law is not my specialty, and it is inevitable that there will be mistakes, and I hope to criticize and correct.

1.The entrustment contract is valid, and the entrustment contract can be a paid contract or a gratuitous contract. According to the Contract Law, the contract for the establishment and effective time of the non-contract is the same as that of the contract of the promise, and the contract is formed when the agreement is reached.

According to the title, the two parties reached an agreement, and Company B also performed in accordance with the contract, indicating that the contract was valid.

2.Company A may claim compensation from Company B. Company B has collected the payment for the goods in accordance with the terms of the entrustment, and has the obligation to keep and transfer it.

According to Article 410 of the Contract Law, "the principal or the trustee may terminate the entrustment contract at any time. and Article 410 of the Contract Law:

"If the other party suffers losses due to the termination of the contract, the losses shall be compensated except for reasons not attributable to the party. The accident should be attributed to the loss of company A, which caused the loss of company A due to the failure of the driver of company B to do his best to keep the duty or the ineffective storage, so he should be compensated.

3.In a gratuitous entrustment contract, although the principal has no obligation to pay remuneration, it still has other obligations, such as payment of fees, the result of accepting the entrusted affairs, compensation for losses, etc., and these obligations correspond to the obligations of the trustee. Therefore, a gratuitous entrustment contract is also a bilateral contract.

According to the title, whether Company A pays remuneration or not, it cannot be a reason for Company B to refuse to pay for the goods.

In this way, we will be able to answer your specific questions. 2. According to Article 17 of the Labor Law, the labor contract shall have the following clauses: ......4) The content of the work and the ...... of the place of work, and according to XXXV.

1. The right of defense is not performed at the same time, and the arrears of electricity charges are due to the debts arising from the electricity contract of the subsidiary contract of the counter lease contract, and the 500 yuan owed by Company A to Jiang is the debt arising from the contract of renting Jiang's machine, and it is not the same contractual relationship.

2. There is no right to cut off the electricity, and Jiang's behavior of arrears of electricity bills should be resolved through legal means such as negotiation and litigation, and this kind of infringement should not be adopted, which is excessive self-help.

3. No, because the company has no legitimate reason to take back the counter without authorization, its behavior is obviously in breach of contract, and the original counter lease contract continues to be valid.

1. Jiang exercised the right of set-off, not the right of defense at the same time. Because it is the same claim and debt arising from two different legal relationships, the simultaneous performance of the right of defense can only be based on one contract.

2. Company A has no right to cut off the power because Jiang has already filed a request for set-off, and the equal part of the claims and debts of both parties does not exist when the request arrives.

3. Company A cannot be at the rental counter, because it is a breach of contract by Company A that causes Jiang to be unable to operate, so Company A must bear the liability for breach of contract and must compensate for the loss and extend the term of the lease contract accordingly.

1. No, you cannot. A is a limited partner and is not allowed to contribute capital with labor services (Article 64 of the Partnership Enterprise Law).

2. You can withdraw from the partnership. Limited partners are only liable for the partnership to the extent of their capital contributions, and do not need to bear unlimited joint and several liability with their personal property, so their withdrawal from the partnership does not need to be agreed by the other partners, only notice is required.

3. No, you cannot. The new partners are subject to the unanimous consent of all partners, unless otherwise agreed in the partnership agreement (Article 43 of the Partnership Law).

4. No, you cannot. Partners and partnerships are two separate entities, with a certain degree of property separation, and there is a prohibition on the right of set-off against creditors of the partners' personal debts. That is, if a partner incurs debts unrelated to the partnership, the relevant creditors shall not offset their debts to the partnership with their creditor's rights; Nor may the rights of the partners in the partnership be exercised by subrogation.

Article 41 of the Partnership Law).

5. Each general partner shall be jointly and severally liable for the debts of the partnership (Partnership Law); Limited partners are liable to the extent of their capital contributions.