Lawman Park's Promoting Fairness and Justice 2022-10-29 12:31 Posted in Beijing
A few days ago, a courtroom demonstration cat catching mouse fire, allegedly because of a dispute over the sale contract, the plaintiff brought the purchased cat to the court to give evidence, while bringing a mouse to the scene, to prove that the cat it purchased can not catch mice, the seller delivered the subject matter is not qualified, can not achieve the purpose of the contract, and demanded the return of the goods to return the money.
In response, someone argued, "We're the ones who thought it was a rat catcher after 70! Young people nowadays would never let the cute meows touch the dirty mice." "Who said that cats must catch mice?" "Is it clear in the contract that the purpose of the cat is to catch mice? Can't it be for jerking off?" "I'm laughing my ass off, what's the final verdict? Now there are still cats that can catch mice? So can the buyer of the cat return the goods and pay back the money in the end?
Dr. Xiong Da of China University of Political Science and Law believes that
A. Can be returned depends on the type of cat bought
Domestic cats and pet cats are not the same "cat". General common sense, domestic cats will catch mice, if the buyer buys a domestic cat, the purchase contract does not need to be clear that the cat can catch mice, if you buy a domestic cat will not catch mice, the buyer can not be faulted for requesting a return. However, it is also common knowledge that pet cats do not catch mice, and if the buyer buys a pet cat, naturally the cat cannot be returned on the grounds that it does not catch mice.
The method of distinguishing between pet cats and domestic cats is also very simple, generally pet cats are more expensive, domestic cats are naturally cheaper, while the appearance can also be identified, pet cats look different from domestic cats.
According to the provisions of Article 563 of the Civil Code of the People's Republic of China, the contract can be terminated if "one of the parties delays the performance of the debt or has other breaches of contract resulting in the failure to achieve the purpose of the contract".
Second, the court does not catch the mouse cat may not be a good cat
First of all, the courtroom atmosphere is so solemn, where the cat family has seen this atmosphere, scared to scratch is also there. The cat fed and brought to the court cat family naturally will not catch the mouse. In addition we can also find many ways to make the cat not to eat mice, such as in the mouse to get some cat does not like the smell and so on.
Third, the court did a good job.
Practice makes perfect, both sides right and wrong, justified and unjustified let the facts speak, this is the best way to judge. Of course, the court also needs to do a good job of protection and hygiene and other related work. Of course, if this experiment is done outside the courtroom is not uncommon.
The court is a sacred and solemn, the law is serious and rigorous, but the judicial trial in the face of life, and is specific and vivid.