|
No. 3 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 3 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wang Weiwen v. Sun Yuncai (Sales contract dispute)
|
|
最高人民法院公布10起维护消费者权益典型案例之三、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之三：王卫文诉孙云才买卖合同纠纷案
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
No. 3 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 3 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wang Weiwen v. Sun Yuncai (Sales contract dispute)
(Sales contract dispute)
最高人民法院公布10起维护消费者权益典型案例之三、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之三：王卫文诉孙云才买卖合同纠纷案
|
|
[Key Terms]
seller's promise ; true intention ; principle of good faith
[核心术语]
销售者承诺;真实意思表示;诚实信用原则
|
|
[Disputed Issues]
where a seller promises “ten-time price compensation for one fake product” and a consumer buys a false product, shall the seller make compensation according to its promise ?
[争议焦点]
销售者在购货单据承诺“假一赔十”，消费者购买到假货后，销售者是否应按其承诺进行赔偿？
|
|
[Case Summary]
Where a seller makes a promise of “ten-time price compensation for one fake product” that its true intention although the extent of promised compensation is relatively large that does not fall into the legal circumstance of invalidity of contract the promise is a valid contractual act. Under Article 60 of the Contract Law...
[案例要旨]
销售者在购货单据承诺“假一赔十”系出于其真实意思表示虽然承诺赔偿的幅度较大但这并不属于合同无效的法定情形该承诺应属于有效的合同行为。很据《合同法》第六十条...
|
| No. 3 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 3 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wang Weiwen v. Sun Yuncai (Sales contract dispute) | | 最高人民法院公布10起维护消费者权益典型案例之三、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之三：王卫文诉孙云才买卖合同纠纷案 |
| —Where a vendor has made a commitment to “damages of ten times price paid for a counterfeit one,” the vendor shall fulfill the commitment if the product sold by it is indeed a counterfeit one. | | ——销售者承诺“假一赔十”，所售商品为冒牌货，应按其承诺赔偿 |
| 1. Basic Facts | | （一）基本案情 |
| On October 25, 2011, Wang Weiwen purchased a Nokia mobile phone at the price of 1,180 yuan from Sun Yuncai's business place located in a shopping mall. Sun Yuncai issued a purchase receipt to Wang Weiwen, on which the model, unit price, and quantity of the mobile phone were indicated with a clear statement that “Genuine Nokia mobile phone guaranteed; damages of ten times price paid for a counterfeit one.” Upon identification, Wang Weiwen learned that this mobile phone was a counterfeit one. Therefore, Wang Weiwen filed a lawsuit with the People's Court of Dongcheng District, Beijing, claiming that Sun Yuncai should pay damages of 11,800 yuan to him according to the vendor's commitment to “damages of ten times price paid for a counterfeit one” as well as the identification cost of 260 yuan. | | 2011年10月25日，王卫文在孙云才位于某商场的经营场所购买了一部诺基亚手机，价格为1180元。同时，孙云才向王卫文出具一张购货单据，其上写明了手机型号、单价及数量，并载明“保原装、假一赔十”。经鉴定，王卫文获悉该手机为假冒产品，故诉至北京市东城区人民法院，请求判令孙云才按照“假一赔十”的承诺支付赔偿金11800元，并支付鉴定费260元。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|