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Rule of Law Class

A collection of sales contract disputes

发布时间:2022-03-09 16:07:49

Sun Yinshan v. Jiangning Store of Nanjing Auchan Supermarket Co., Ltd. (sales contract dispute) 


[Judgment Abstract]


Where a consumer who has purchased food not up to the food safety standards claims that the seller or producer should compensate the consumer in the amount of ten times the money paid under the Food Safety Law or compensate the consumer according to other statutory compensation standards, the people's court should support such a claim whether the consumer knew that the food was not up to the safety standards at the time of purchase.


Zhang Li v. Beijing Heli Huatong Auto Service Co., Ltd. (sales contract dispute)


[Judgment Abstract]


1. A fraud dispute arising from the purchase of an automobile in household consumption may be settled in accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers.

2. Where an automobile seller promises the sale of a new automobile that has never been used or repaired to a consumer, and the consumer finds after the purchase that the automobile is a used or a repaired one, if the seller cannot prove that it has fulfilled the obligation of notifying the consumer of the fact and the consumer has recognized the fact, the seller commits a sales fraud. If the consumer claims damages against the seller in accordance with the Law on the Protection of the Rights and Interests of Consumers, the people's court should support such a claim.


Zhang Jianhua and Xu Haiying v. Qidong Qusheng Real Estate Co., Ltd. (dispute over housing sales contract)


[Judgment Abstract]


Where a party takes his specific subjective purpose as the contract condition or the basis for deal and makes specific agreements, the objectification of the specific subjective purpose falls within the circumstances prescribed by item 4, paragraph 1, Article 94 of the Contract Law of the People's Republic of China. If the position and the layout of the house delivered by the property developer is opposite to those specified in the housing purchase contract and the house could not be replaced, the house purchaser may terminate the contract on the ground that the purpose of the contract could not be fulfilled.


From:www.chinalawinfo.com 

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