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What judge thinks for settle contract disputes

Author of this article: Attorney of Win and Win Law Firm

1、 How to determine the relationship between sales contracts without written contracts. Go deep into the details and check thoroughly. In the absence of a written contract, the court may require the dissenting buyer to submit a list of his personnel’s wages and a list of social security payers, or directly obtain relevant materials from relevant departments.

2、 How to determine the amount of a contract in the case of multiple businesses and installment payment of the total price.  In case of multiple contract businesses, the court shall not separate the payment fact of the buyer, and shall conduct a comprehensive trial of all contracts. If the repayment order is agreed, the paid amount shall be deducted according to the specific repayment order; If the repayment order is not agreed, the paid amount shall be deducted according to the time order of contract conclusion.

3、 How to determine the effectiveness of the goods inspection by the consignee designated by the buyer. If the goods specified in the sales contract are directly delivered by the seller to the consignee designated by the buyer, the buyer and the seller hold their own views on whether the acceptance of the quantity and quality of the goods by the consignee. Closely follow the contract and accurately identify. In the case of direct receipt of goods by a third party, the obligation of inspection is not limited to the buyer. Except that the contract clearly stipulates that the buyer is the only inspector, the third party’s signature on the delivery note is deemed to be the buyer’s inspection, and the inspection opinion issued by the third party is binding on the buyer.

4、 How to continue the trial of the case when the quality of the goods cannot be identified. If the buyer applies for identification of the goods provided by the seller with quality problems, the court generally designates an identification agency to identify the quality part of the goods dispute. If the identification agency believes that the quality dispute cannot be identified, it is bound to lead to a deadlock in the subsequent trial of the court.  When the quality of raw products cannot be identified, the court cannot easily make a judgment rejecting the plaintiff’s lawsuit. It should make a judgment based on whether the subject matter can achieve the purpose of the contract according to the general standards, product specifications and other reasonable factors. If necessary, the subject matter may be subject to on-site inspection or simple experiment in accordance with the provisions of paragraph 1 of Article 73 of the civil procedure law.

5、 In hearing the case of sales contract, when the agreement of both parties on liquidated damages is obviously too high, the court shall explain to the party liable for breach of contract whether to request the court to reduce the amount of liquidated damages at its discretion, but cannot actively adjust it.

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