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Without a Written Contract, How to Prove the Existence of a Contractual Relationship?

2020/1/8 14:41:51

This must combine the specific situation to judge. Where there is no written contract between the parties, and one party claims the existence of a contractual relationship between the parties by means of delivery note, receipt of goods, statement of settlement, invoice, etc., the people's court shall, in combination with the transaction mode and t

The Seller Has No Ownership or Disposition of the Goods When Signing the Contract. How Effective is the Contract?

2020/1/8 14:39:40

The sales contract is valid. If the ownership of the goods cannot be transferred due to the seller's lack of ownership or right to dispose of the goods, the buyer may claim to the people's court that the seller shall bear the liability for breach of contract or demand the termination of the contract and claim damages. However, in this case the con

The Buyer Accepts the Overdelivered Goods but Keeps Them for Safekeeping. Who Bears the Risk of Damage to the Goods?

2020/1/8 14:33:28

It depends on the situations. The buyer may claim that the seller shall bear the storage expenses during the storage period and the losses not caused by the buyer's intention or gross negligence. Therefore, if the goods are damaged intentionally or due to the gross negligence of the buyer, the buyer shall be liable for compensation.

Goods Bought have not been Inspected. What if the Quality Problem is Found One Year Later?

2020/1/8 14:29:38

Take different methods to solve different situations. The first situation: if the parties agree on the inspection period, the buyer shall, within the inspection period, notify the seller of the non-conforming quantity or quality of the goods. If the buyer fails to give the notice, the quantity or quality of the goods shall be deemed to be in confo

The Seller has Signed Several Valid Sales Contracts for the Same Goods. How to Deal with this Situation?

2020/1/8 14:25:01

If several buyers require the actual performance of the contract, the cases shall be handled as follows: (1) if the buyer who first received the goods requests confirmation that the ownership has been transferred, the people's court shall support it; (2) if the buyer has not received the goods and the buyer who has paid the price in advance request

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