合同违约

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【紫牛头条】 255万拍下校内商铺3年经营权 因不能卖烟酒毁约遭索赔
Sou Hu Cai Jing· 2025-08-04 18:05
Core Viewpoint - The case highlights the complexities and risks involved in commercial leasing, particularly in competitive bidding scenarios where the qualifications and compliance of bidders are scrutinized [1][17][18]. Group 1: Auction and Leasing Details - A small shop of 51 square meters at Wuxi College was auctioned with an initial annual rent of 85 million yuan, totaling 255 million yuan for three years [1][7]. - The shop was later leased to another operator for an annual rent of 60 million yuan after the initial bidder failed to comply with the terms [1][12]. - The auction included various commercial properties, with starting prices ranging from approximately 42,120 yuan to 79,560 yuan per year for different types of businesses [3][14]. Group 2: Legal Dispute and Claims - Wuxi College filed a lawsuit against the initial bidder, seeking compensation for the rent difference amounting to 750,000 yuan due to the failure to sign a lease agreement [1][17]. - The initial bidder argued that the auction process had flaws, claiming that the auction company did not properly verify the compliance of the bidding documents [17][18]. - Legal experts indicated that both parties may share responsibility for the dispute, with the auction company potentially bearing a larger portion of the fault due to inadequate verification of the bidder's qualifications [18][19].
事关鹿晗演唱会! 法学专家解读:大麦网不能擅自单方解除合同,应担责!
Xin Lang Ke Ji· 2025-07-01 01:46
Core Points - The incident involving Damai.net's ticket sales for Lu Han's concert has sparked significant consumer dissatisfaction due to a scheduling error that led to the cancellation of ticket purchases [1] - Consumers who successfully purchased tickets received confirmation but later had their orders revoked, leading to claims of breach of contract against Damai.net [1] - The legal interpretation suggests that once a consumer successfully places an order and makes payment, a contract is established, and unilateral cancellation by the seller constitutes a breach [2] Group 1 - Damai.net's error in ticket sales for Lu Han's concert resulted in a public apology and a refund policy that included a 3% discount coupon for affected consumers [1] - Many consumers expressed their grievances on complaint platforms, highlighting the financial implications of the cancellation, including non-refundable travel expenses [1] - Legal expert Chen Yinjian clarified that if the error was unintentional, it may not qualify as fraud, which is necessary for consumers to claim triple compensation [2] Group 2 - According to the E-commerce Law, once a consumer submits an order and payment is made, the contract is binding, and the seller cannot unilaterally cancel it [2] - If the seller cannot fulfill the contract, they are obligated to refund and compensate for any losses incurred by the consumer, such as travel arrangements [2] - The conditions for claiming triple compensation require evidence of intentional fraud, which may not apply in this case as the error was attributed to staff mismanagement [2]
广东台山:千亩鱼塘又现生机
Ren Min Wang· 2025-06-18 01:01
Core Viewpoint - The article highlights a legal dispute involving a fish pond leasing contract in Guangdong Province, focusing on the resolution process facilitated by a judge, emphasizing the importance of mediation in resolving agricultural disputes [1][2][3][4] Group 1: Contractual Dispute - A fish pond leasing contract was signed in January 2024 for nearly 2,000 acres, with an annual rent of 320 million yuan, which was not paid by the lessee, leading to a breach of contract [1] - The cooperative decided to convert the lessee's deposit into rent after multiple failed attempts to collect the overdue payment [1][2] - The lessee, facing financial difficulties, initially resisted the termination of the contract and sought to retain the equipment purchased for 1.2 million yuan [2][3] Group 2: Mediation Process - The judge intervened to mediate the dispute, advising both parties on the legal implications of their actions and the potential for financial loss due to delays [2][3] - The judge suggested a compromise where the lessee could sell the equipment at a reduced price to offset part of the owed penalty, promoting a win-win situation [3] - Ultimately, an agreement was reached where the contract was terminated, the lessee sold the equipment for 800,000 yuan, and the cooperative resumed operations of the fish pond [3][4] Group 3: Legal and Operational Outcomes - The cooperative successfully re-leased the fish pond, which was back in operation by early June, and received the rental payment promptly [4] - The article notes that the local court has a high mediation success rate, with 42.3% of cases resolved through mediation in 2024, indicating an effective judicial approach to conflict resolution [4]
春风动力电动品牌极核陷“锁车”风波,经销商将与厂家对簿公堂
Jing Ji Guan Cha Wang· 2025-06-06 08:50
Core Viewpoint - The dispute between Chuanfeng Power and its dealer Wang Xianghua regarding the "remote locking" of electric vehicles has raised significant concerns in the market, highlighting issues of contract compliance and brand support [2][3][4]. Company Overview - Chuanfeng Power, headquartered in Hangzhou, Zhejiang, is engaged in the research, manufacturing, and sales of large-displacement motorcycles, all-terrain vehicles, and new energy motorcycles [3]. - The Jike brand, launched in 2020, focuses on electric motorcycles, lightweight electric motorcycles, and new national standard electric bicycles [3]. Dispute Details - Wang Xianghua claims that after closing his Jike brand store due to poor performance, the manufacturer implemented a "remote locking" measure on the inventory vehicles, which Jike denies [2][4]. - Jike stated that Wang's company, Xinding New Energy, breached the contract by unauthorized modifications to the brand's image store, leading to a demand for the return of store investment [3][4]. Financial Aspects - Jike provided approximately 130,000 yuan in store construction subsidies to Wang, who paid a 50,000 yuan deposit and part of the inventory cost [4]. - Wang is seeking a reconciliation of funds, while Jike demands a 130,000 yuan penalty for breach of contract [4]. Market Position - Jike's electric vehicles are priced from several thousand to tens of thousands of yuan, with a total sales volume of 106,000 units in 2024, significantly lower than competitors like Ninebot and Niu, which sold 2.5989 million and 924,300 units respectively [6]. - Wang noted that the brand's market recognition is low, and the demand for high-end electric vehicles in his county is limited, compounded by inadequate support from Jike [6]. Inventory Issues - Wang currently holds over 80 Jike inventory vehicles valued at 300,000 yuan, which he claims were purchased under pressure from the manufacturer [6].