Case 1: Li was appointed by his unit to visit a certain country. When Wang heard about it, he entrusted Li to buy a rare Chinese medicinal material. After the inspection, Li sent drugs worth 1500 yuan to Wang Jiazhong. However, Wang's son told Li that his father died not long ago. This medicine was originally used to treat him. Now that his father has passed away, this medicine is unnecessary. Please ask Li to handle it himself. Li was very angry and thought that the family of Yaowang should accept it whether Wang was alive or not.
[question]
1. Who should bear the legal consequences of Li's behavior?
2. Should the medicine be bought by the Wangs? Why?
Analysis:
1. Li was entrusted by Wang to buy precious medicinal materials, and his behavior should be that of a civil agent. Paragraph 2 of Article 63 of the General Principles of Civil Law stipulates that an agent carries out civil legal acts in the name of the principal within the scope of agency authority, and the principal shall bear civil liability for the agent's agency acts. Therefore, the consequences of Li's purchase of medicinal materials in this case should be borne by Wang.
2. According to the provisions of Article 82 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial), after the death of the principal, the civil juristic act implemented by the agent because he did not know the death of the principal is still valid. That is to say, the consequences of the agent's agency behavior should be borne by the heirs of the principal, and the debts arising therefrom should be taken as the debts of the principal and borne by the estate of the principal or his heirs and legatees. In this case, Wang Jiali should pay for this medicine.
Case 2. A painting and calligraphy mounting shop signed a contract with Zhao, a famous calligrapher, to entrust the creation of calligraphy works. The two sides agreed that Zhao would deliver 20 couplets to the mounting shop, and the mounting shop would pay Zhao 5000 yuan. Zhao accidentally injured his right arm, so he entrusted his son to write all the couplets and send them to the hotel, and the mounting shop paid all the remuneration. But soon the mounting shop felt that the style of the work was different from Zhao's, so it asked experts to identify it and found it was someone else's.
[question]
1. Zhao Can entrusted his son to represent his creation?
2. Does Zhao's son's behavior belong to unauthorized agency?
Analysis: legal acts that cannot be represented.
1. Article 63 of the General Principles of the Civil Law stipulates: "A civil juristic act that should be carried out by myself according to the law or according to the agreement of both parties shall not be represented." In this case, the contract stipulates that Zhao will create all the couplets, and at the same time, the calligraphy creation has a strong personal attribute and must be executed by himself. It is not an agency act, and Zhao has no right to entrust others to perform it.
2. Zhao's son's behavior does not belong to unauthorized agency. Unauthorized agency refers to the civil act of agency activities in the name of others without agency rights, including agency activities without agency rights, beyond agency rights or after agency rights are terminated. Unauthorized agency can produce agency effect after being ratified by the principal. However, a legal act that cannot be represented is an act that cannot be represented by others, even if there is a legal entrustment. These behaviors are mainly personal behaviors, illegal behaviors or behaviors that are not allowed to be represented by laws and contracts.
Case 3. A is a buyer and often travels all over the country. B is his neighbor. He usually picks yams for a living. B dug up a valuable herb in the mountains, and just as A was going to Shanghai on business, B entrusted A to sell it with herbs. Jia took herbs to a friend's house in a neighboring village. My friend's father, Ding Mou, is an old Chinese doctor. After reading it, he asked Jia to sell his herbs to him, and expressed his willingness to give Jia 200 yuan a gratuity. So, A sold the herb to Ding at a price lower than that near 500 yuan. The two sides agreed that if B came here to inquire about the price of this herb afterwards, Ding would say that this herb had fallen badly in Shanghai and was worthless. I didn't want this to be heard by a distant relative of B who was coming to Ding's house to see a doctor, so I told B quickly. Party B then asked Party A and Party D to compensate for their losses.
[question]
What is the proxy behavior of 1.A?
2. Does Party B have the right to claim compensation from Party A and Party D? Why?
Analysis: the agent colludes with the third party to damage the principal's behavior.
1.a's behavior is an act of colluding with a third party and harming the interests of the client. Party B entrusts Party A to bring the medicinal materials to Shanghai for sale, and Party A sells them to Party D, which in itself violates the client's intention; Moreover, A also sells herbs at a price lower than the market price, which directly harms the interests of B; In the process of selling medicinal materials, A privately accepted the benefits of Ding, sold the medicinal materials to Ding at a low price, and agreed to cheat B, which was collusion and harmed the interests of the client B.
2. Paragraph 3 of Article 66 of China's General Principles of Civil Law stipulates: "If an agent colludes with a third party and damages the interests of the principal, the agent and the third party shall be jointly and severally liable." Therefore, in this case, Party A and the third party shall be jointly and severally liable for the loss of Party B..