Air tickets are mostly discounted, and you can fly from a few hundred to thousands of dollars.
With so many travel modes several times or even dozens of times cheaper, Xiaojun spent 12000 yuan to take a taxi to Beijing. Is it true that the driver has to refund part of the fare according to the requirements of Xiaojun's family? Let's listen to the lawyer.
Zheng Ruoyang is the signing lawyer of The Lawyer Comes, the director of Zhejiang Handing Law Firm, the special mediator of Xihu District People's Court in Hangzhou, the lecturer of Hangzhou Dianzi University, the arbitrator of Hangzhou Arbitration Commission, and the entrepreneurial tutor of 10,000 college students of Hangzhou Social Security Bureau. His business scope is: construction, criminal, corporate legal consultant, etc.
A key point of this matter is the mental state of the woman who was beaten. According to the law, adults exist in three states: full capacity for civil conduct, limited capacity for civil conduct and no capacity for civil conduct; Generally speaking, normal, a little abnormal, completely abnormal; The woman's mental state determines the final outcome of the event.
1. If the woman has full capacity for civil conduct, that is to say, she can correctly identify the consequences of her actions, that is, she wants to experience the taste of taking a taxi from Hangzhou to Beijing, and she voluntarily pays the fare of 12000 yuan, so although the practice is novel, her family can only accept it; As for family complaints, the industry authorities can handle them in accordance with the Regulations of Hangzhou Municipality on the Administration of Passenger Taxi.
2. If an identified woman has no or limited capacity for civil conduct while taking a taxi, according to the provisions of Articles 144 and 145 of the General Principles of the Civil Law, the legal act performed by the person without capacity for civil conduct is invalid, and the legal act performed by the person with limited capacity for civil conduct is also invalid if the legal representative refuses to ratify it. The property obtained by the driver due to the invalid contract shall be returned, that is, the driver shall refund the fare 12000 yuan.
In addition, after all, the driver drove from Hangzhou to Beijing according to the requirements of passengers. In the process, he had fuel costs, bridge tolls and labor costs. If the driver has played a considerable duty of care when the woman takes a taxi, in practice, it is generally manifested in repeatedly confirming and observing whether the passengers have other abnormalities. In this case, the driver is not at fault and the passenger should pay a reasonable consideration. The fare can be determined by referring to the meter price plus the normal bridge toll. If the driver fails to fulfill his reasonable duty of care, or even takes advantage of the passengers' mental abnormality to seek illegitimate interests, the driver is obviously at fault, and the driver should also bear part of the normal meter setting expenses. The exact amount depends on the driver's fault.
Finally, it should be emphasized that whether the mental state of female passengers is normal or not requires family members to provide evidence, which can be appraised by relevant professional institutions; Drivers need to prove whether they have fulfilled their duty of care in good faith.