Air ticket prices are mostly discounted, and you can fly for a few hundred to thousands of dollars.
With so many ways to travel that are several times or even dozens of times cheaper, Xiaojun spent 12,000 yuan on a taxi to Beijing. Is it true that the driver wants to refund part of the fare as requested by Xiaojun’s family? Let's hear what the lawyers have to say.
Zheng Ruoyang is a lawyer contracted with "The Lawyers Are Here", director of Zhejiang Handing Law Firm, special mediator of Hangzhou Xihu District People's Court, lecturer of Hangzhou Dianzi University, arbitrator of Hangzhou Arbitration Commission, Hangzhou City The Social Security Bureau has 10,000 college student entrepreneurship mentors. His business scope is: construction, criminal, corporate legal counsel, etc.
A key point in this matter is the mental state of the woman who was beaten. According to the law, there are three states of adults: full capacity for civil conduct, limited capacity for civil conduct, and no capacity for civil conduct; generally speaking, normal, a little abnormal, and completely abnormal; the woman’s mental state determines the final outcome of the incident. ending.
If the woman has full capacity for civil conduct, that is to say, she can correctly identify the consequences of her actions, and just wants to experience what it’s like to take a taxi from Hangzhou to Beijing, and she voluntarily paid the fare of 12,000 yuan, then Although the approach is novel, the family members can only accept it; as for family complaints, the industry authorities can handle them in accordance with the "Hangzhou Passenger Taxi Management Regulations".
2. If the identified woman has no capacity for civil conduct or has limited capacity for civil conduct when taking a taxi, according to Articles 144 and 145 of the "General Principles of the Civil Law" It stipulates that legal acts performed by a person without capacity for civil conduct are invalid, and legal acts performed by a person with limited capacity for civil conduct are also invalid if the legal representative refuses to ratify them. The property obtained by the driver due to the invalidity of the contract should be returned, that is, the driver should refund the fare of 12,000 yuan.
In addition, after all, the driver drove from Hangzhou to Beijing at the request of the passengers. In the process, he had to pay for fuel, bridge tolls, labor fees, etc. If the driver has already fulfilled his duty of care when the woman takes a taxi, in practice it usually involves repeatedly checking and observing whether the passengers have any other abnormalities. In this case, the driver is not at fault and the passenger should pay reasonable consideration. The fare can be determined by referring to the meter price plus the normal bridge toll. If the driver fails to exercise reasonable care, or even takes advantage of the passenger's mental disorder to seek improper benefits, the driver is obviously at fault, and the driver should also bear part of the normal meter setting costs. The specific amount depends on the degree of fault of the driver.
Finally, it needs to be emphasized that whether the female passenger’s mental state is normal requires family members to provide evidence, which can be identified by relevant professional institutions; the driver needs to prove whether he has fulfilled his duty of care in good faith.
This article comes from Metropolis Express.