0FkRGFl76V
WASHINGTON (Correspondent Zhang Wei Cong reporter Yuan Wei) due to failure to receive all the press about the wedding digital negatives,http://www.asap21.com/cgi-bin/mcr/other/engekibbs/ealis.cgi, Liu and Ng photography company to court to demand the return of wedding photography price 4999 yuan,http://www.lionbrand.com/cgi-bin/faq-search.cgi, 1500 yuan deposit,jordan pas chere air jordan 1 retro, and 10,000 yuan compensation for mental damages. Recently, Changning District Court of first instance verdict on the case, photography company should return Liu, Ng shooting price 2000 yuan, 500 yuan deposit, the plaintiff requested mental damages claims dismissed by law.
Last November,http://onigdesign.com/error.html, Mr. Liu and Ng and the city signed a photography wedding photography contract,air max 90 femmes nike air rift, agreed by the photography company for their 150 photographs, computer-modified photographs 30, all digital negatives dials gift and deliver the appropriate album. Both sides agreed that the contract price is 4999 yuan, 1500 yuan down payment signing day, the balance paid before shooting.
After that, each of the parties to fulfill their obligations according to some. In late January this year, the photography company Mr. Xiang Liu and Ng delivered wedding albums and digital negatives disc. However, Mr. Liu found photography company provides only 67 digital negatives, less than a quarter of the number of actual shooting. After several rounds of negotiations,destockage basket nike chaussures pas cher homme nike, photography company admitted,nike chaussures, the rest of the film has been damaged and can not be delivered. Liu and Ng learned the truth was not acceptable, in a lawyer after unsuccessful negotiations with the photography company, in June this year to the court.
Liu and Ng believes wedding negatives great significance to them, deliver all the negatives is the most important obligations photography company to fulfill the contract. Because of the defendant's breach of contract, not only to make them shoot the wedding meaning and value is extremely reduced, for their spirit also caused a major blow. Therefore,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=viewres&target=166369/,jordan retro 3 prix air jordan femme, the requirements photography company to compensate the corresponding economic losses and mental anguish. Photography company argued to the court, the incident has been actively consult with the plaintiff,adidas chaussure de foot adidas football france, the proposed remake or make large frames and other solutions were rejected. Court investigation, more than 1500 yuan deposit 20% of the contract price, the excess shall be invalid,moncler nouvelle collection doudoune moncler sans manche, and given the nature of the deposit agreement for the gold, in the present case does not apply double the return of the deposit penalties. The plaintiff seeks compensation for moral damages request has no legal basis. According to ascertain the facts and the relevant case law, the court then out of the decision.
Judges Comments
The trial judge in this case a court judge Li Zhijiang people think, first of all, the main purpose of the average consumer wedding photography is to get professional photography companies use technology to produce the photo itself. Case,http://www.colors-st.com/mobile/epad/epad.cgi?post=1&del=7378%3C/b%3E, the defendant failed to provide only part of the film,chausure adidas,http://enjoy1.bb-east.ne.jp/~sky-tears/cgi-bin/apeboard_plus.cgi?command=viewres&target=132378/, and the proposed remedial measures, such as a remake of the plaintiff refused, therefore, constitute a breach of the defendant's conduct, although it does not constitute a fundamental breach of contract, as appropriate,http://www.sonandersonartifacts.com, should bear the liability. Secondly,solde doudoune moncler, in this case the deposit already delivered at the time of signing,chaussures pas cher homme nike tn pas cher en france, so its nature is to ensure performance of the contract "performance deposit" rather than guarantee "given the agreed payment" contract formation. China's "Guarantee Law" stipulates that the deposit amount can not exceed 20% of the principal contract amount, therefore, in this case the deposit shall be 999.8 yuan. The defendant in default in the performance of contractual obligations,nike air max ltd 2, the deposit shall bear corresponding responsibility.
Finally, there is a case of competing liability issues that both the plaintiff requested the defendant liable for breach,blazer pas cher nike chaussures, may also require the defendant to bear tort liability, but can only choose one exercise, can not be advocated. The plaintiff choose to pursue the defendant's breach of contract, while also requiring the defendant to bear the spirit of tort liability for damages, the lack of legal basis,http://cutyayu.sakura.ne.jp/cabbs/sunbbs.cgi?mode=form&no=118&page=1pay, not support the law.
