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WASHINGTON (correspondent reporter Zhang Wai Chung Yuan Wei) the failure to receive all the press about the wedding of digital film, Mr. Liu and Ng photography company to court to require the return of wedding photography price 4999 yuan,http://yamaha-sdr.com/bbs/ASKA_BBS_/aska.cgi, 1500 yuan deposit,http://four-faith.v.suncco.com:88/bbs/forum.php?mod=viewthread&tid=10381551&extra=, and compensation for mental damages of 10,000 yuan. Recently,hogan donna, Changning District Court of first instance verdict on the case, photography company should be returned to Mr. Liu, Ng shooting price of 2,000 yuan, 500 yuan deposit, the plaintiff's claim for compensation for moral damage claims be dismissed in accordance with law.
Last November, Mr. Liu and Ms. Wu with the city for a photography company signed a wedding photography contract, agreed by the photography company as they take pictures 150, computer-modified photographs 30, all the digital negatives Get dials and deliver appropriate album. The two sides agreed that the contract price is 4,999 yuan, signed the same day to pay 1500 yuan deposit, the balance paid before filming.
After that, each of the parties to fulfill their obligations by appointment. In late January,http://bbs.sygd.net/forum.php?mod=viewthread&tid=240895, the photography company Mr. Xiang Liu and Ng delivered the wedding album and digital film discs. However, Mr. Liu found photography company only provides 67 digital film,http://leme.pt/pesquisa/search.cgi,tiffany outlet on line, less than a quarter of the actual number of shots. After several rounds of negotiations, photography company frankly stated that the remaining film has been damaged, could not be delivered. Liu and Ng learned the truth was unacceptable in a lawyer after unsuccessful negotiations with the photography company, in June this year to the court.
Mr Lau and Ng believes that wedding negatives of their significance is huge,http://www13.plala.or.jp/white_roots/gwbbs/gwbbs.cgi??, deliver all negatives are the most important obligations photography company to fulfill the contract. Because the defendant's breach of contract,louboutin femme, not only to make them shoot the wedding meaning and value is extremely reduced, for their spirit also caused a major blow. Therefore,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=57&pag, the requirements photography company compensation for consequential economic loss and mental anguish. Photography company argued to the court that the incident had been actively consult with the plaintiff proposed remake or make large frames and other solutions were rejected. After the court investigation, more than 1500 yuan deposit 20% of the contract price, the excess shall be invalid, and the nature of the gold deposit is scheduled conventions, does not apply in this case double the return of the deposit penalties. The plaintiff demanded compensation for mental damages request has no legal basis. According to ascertain the relevant facts of the case and the law, the court then out of the decision.
Judge Reviews
The trial judge in this case a civil court judge Li Zhijiang think, first of all, the main purpose of the average consumer of wedding photography is to obtain professional photography companies use technology to produce the photo itself. Case, the defendant failed to provide only part of the film, and a remake of such remedies proposed and rejected for the plaintiff, therefore,hogan italia, constitute a breach of the defendant's conduct, although it does not constitute a fundamental breach of contract, as appropriate, should bear the liability. Secondly, in this case the deposit already delivered at the time of signing,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=8501+[PLM=0]+GET+http, so the nature of the contract is to ensure "compliance deposit" instead guarantee "agreed set of gold" contract formation. China's "security law" provisions, the deposit amount can not exceed 20% of the main object of the contract amount, and therefore,http://wannohana.com, in the present case the deposit shall be 999.8 yuan. The defendant is in default in the performance of contractual obligations, it shall bear the corresponding deposit liability.
Finally, there is the case liability Concurrence,abercrombie outlet milano, both the plaintiff requested the defendant liable for breach may also require the defendant liable for infringement, but can only choose one exercise, it can not be advocated. Plaintiff Select waiver of any breach of the accused, but also asked the defendant to bear the spirit of tort liability for damages, the lack of legal basis, not supported by law.
