Company A and Company B signed a supply contract, agreeing that Company B will provide Company A with 100 tons of first-grade refined aluminum ingots worth 13,000 yuan within one month. The two parties agreed that if Company B fails to deliver the goods on time, Company B will pay Company A a penalty of 0.1 of the payment amount for each day of overdue delivery. Due to the organization of supply, Company B delivered 65,438,000 tons of refined aluminum ingots to Company A only two months later. Company A discovered that it was not a first-level refined aluminum ingot, but a second-level refined aluminum ingot, so it refused to pay on the grounds of the other party's breach of contract, requiring Company B to pay a one-month penalty of 39,000 yuan, and required Company B to provide another 100 tons of first-level refined aluminum ingots. . However, Company B claimed that the late delivery was not its own fault, but was an adjustment of the national industrial policy, and it should not pay liquidated damages. Moreover, the refined aluminum ingots provided are products that have been inspected by quality inspection agencies, so Company A should not make a fuss out of a molehill. The supply of refined aluminum ingots is now relatively tight, and it is impossible to provide refined aluminum ingots anymore. Company A insists on paying liquidated damages and performing the contract in accordance with the quality standards stipulated in the contract. A dispute occurred between the two parties, and Company A filed a lawsuit in court, requiring Company B to pay liquidated damages and re-perform the contract. Company B stated in its reply that late delivery was not intentional on its part, nor was it beyond its control, and it should not pay liquidated damages. Even if liquidated damages are paid, it should not be paid as much as 39,000 yuan. This requirement is unfair.
Try to analyze:
(1) Is the contract signed between Company A and Company B valid?
(2) Is Company B’s failure to deliver within the agreed time due to objective reasons or market reasons?
(3) Is there any basis for Company A’s claim that Company B requires Company B to pay liquidated damages and re-provide first-class product standards?
(4) Is there any basis for Company B’s claim that it cannot deliver goods on time?
(5) Company B claims that the amount of liquidated damages is too high and it should not bear so much liquidated damages. Is there any basis for this?
2. Case: Zhang was traveling at a scenic spot. After climbing to the top of the mountain, he saw a woman standing alone on the edge of the cliff with strange eyes and confusion. The woman saw someone coming and jumped off the cliff. In desperation, Zhang grabbed the woman's clothes and rescued her. During the rescue process, Zhang's camera worth 2,000 yuan was damaged and his arm was scratched; the woman also had bruises on her head and her clothes were torn. Zhang sent the woman to Shanxia Hospital, used 500 yuan to advance various expenses for her, and spent another 20 yuan to bandage the wound. That night, Zhang stayed in the hospital guest house, but he was penniless, so he had to borrow 100 yuan from the waiter to pay for room and board. The next day, the family of the woman who committed suicide rushed to the hospital and expressed their gratitude to Zhang.
Questions:
1. What is the civil legal relationship between Zhang and the woman who committed suicide?
2. Should the woman compensate Zhang for the damage to the camera and the cost of wound treatment? Why?
3. Zhang Can asked the woman to pay medical bills and other expenses? Why?
4. Who should repay the 100 yuan that Zhang borrowed from the waiter? Why?
5. Zhang Can asked this woman to pay a certain amount of remuneration? Why?
6. Should Zhang compensate for the loss of women’s clothing? Why?
3.1, a company sent a letter to the editorial department of "China Trademark" for consultation. The content is as follows:
Comrades editors:
We are a township newly established this year An enterprise produces ice cream in a county in Xiangfan City, Hubei Province and is preparing to apply for a registered trademark. We began to plan to apply for registration of the "Wuhan" trademark on ice, ice cream, ice cream and other products. But when we entrusted a trademark office to apply for registration, the office said that the "Wuhan" trademark did not comply with the provisions of the Trademark Law and could not be registered as a trademark.
So, we decided to change "Wuhan" to "Lengliang" and apply for registration, but the office also said no. I would like to ask: Why can't our company apply to register "Wuhan" and "Lengliang" as trademarks?
TVE
65438 February 2004
(1) If you are the editor, how should you answer the questions raised by the enterprise? (3 points)
(2) If a company uses the "Wuhan" trademark and "Lengliang" trademark without registration, is this behavior legal (3 points)?
4. The famous writer Liu was persecuted to death on August 6, 1960. Before his death, he gave one of his manuscripts to his friend Wang. The title page of the manuscript reads, "I am about to die. I would like to give this farewell letter to my best friend, hoping to treasure the secret room and let it never appear." The king kept it secret according to his will. The king died in 1995, and his heir, the prince, obtained the manuscript. In 1998, the prince lent this manuscript to scholars as a reference for studying Liu's life. When the prince lent it, he stated that "according to the author's wishes, the manuscript should not be made public", and Sun agreed. But in 1999, Sun made some modifications to the manuscript and published it under his signature without anyone's consent. Subsequently, Liu Zi, the heir of writer Liu, learned about the situation and took Sun to the court in accordance with the relevant provisions of the Copyright Law to answer the following questions:
(1) Liu’s inscription on the title page of the manuscript falls under the Copyright Law ( 1) Which kind of behavior
(2) Analyze the copyright ownership and protection period of the manuscript in this case (4 points)
(3) Analyze whose copyright Sun’s behavior infringes upon ( 4 points)
5. Zhang and Qi each contributed 10,000 yuan to jointly operate a wood processing factory, but later owed 30,000 yuan in capital due to poor management. Zhang Ran ran away to avoid debts, and his whereabouts are unknown. The creditor filed a lawsuit in the People's Court, demanding that Qi pay off all debts, but Qi was only willing to bear 15,000 yuan. How should this case be handled?
6. In July and August 2001, Huang (born in July 2014) was seduced by Xiao Enxiaohui and had a relationship with his nanny Liu (female, born in July 1987). Liu followed Huang's instructions and committed multiple thefts, stealing a large amount of property. On February 9, 2002, 19 was caught stealing again. How to deal with Huang and Liu's behavior?
7. During a routine inspection, the quality supervision and law enforcement team commissioned by the Municipal Industry and Commerce Bureau found that the electrical appliances of a certain factory were seriously substandard, enough to cause personal injury. The team fined the factory 20,000 yuan in the name of the Administration for Industry and Commerce and ordered it to suspend production and operations. During the punishment process, a factory requested a hearing but was refused. A certain factory refused to accept the administrative penalty, so it filed an administrative lawsuit against the quality supervision and law enforcement team as the defendant. Question:
(1) Can the court accept this case? Why?
(2) How did the court handle this case?
8. Party A, B and C are workers in the same factory. On March 5, 2003, Party A recruited Party B and Party C to conspire to steal the financial office of our factory. Under A's planning, the three of them prepared to commit the crime separately. b was responsible for finding the cashier in the factory and defrauding him of the financial room key, and secretly made one. After doing it, B gave the key to A. At the same time, parties A and C also made preparations for other thefts. After meeting at the factory gate at 12pm on March 20, they * * * stole together. However, B thought about it and decided that there would be no good end to committing a crime, so he did not leave as promised. That night, before A, B and C were waiting for Party B, Party C let out the news. Party A successfully opened the financial room with the key he had prepared and stole 20,000 yuan in cash. Afterwards, Party A received 10,000 yuan and Party C received 7,000 yuan. Both parties sent 3,000 yuan back to Party B, which Party B did not refuse. A few months later, there happened to be a severe crackdown.
b was forced to surrender to the public security organs under the strong propaganda of the public security organs, truthfully confessed all the crimes, and the case was solved. After investigation, Party A was also involved in the crime of smuggling cars in February 1999.
Question: (1) Do parties A, B, and C constitute a joint crime? Why?
(2) What kind of intentional crime does B’s behavior belong to, and why?
(3) What specific sentencing circumstances should be considered when sentencing Party A, B, and C?
9. On January 1, 2002, Party A left one of his cows and a TV set with his neighbor Party B for safekeeping because he went out to work. On February 1, Party B sent a letter to Party A, hoping to purchase Party A's cattle at a price of 1,500 yuan and pay off the cattle within three months. On February 15, Party A replied to Party B expressing agreement. On February 20, B received A’s reply. On February 25, the cow accidentally fell off a cliff and died. During this period, due to the urgent need for money for medical treatment, Party B pledged the TV set kept by Party A to Party C and borrowed 800 yuan from Party C. However, Party C did not know that the TV set was not owned by Party B...
Question: (1) When will the cattle sales contract between Party A and Party B take effect?
(2) When will the ownership of the cattle be transferred to Party B? Why?
(3) Who should bear the risk of accidental loss of cattle and why?
(4) If Party B fails to repay the debt, does Party C have the right to sell the TV to realize the debt? Why?
(5) Who should bear the loss of the TV? Why?
10. In February 2005, Party A gave his color TV to neighbor B for safekeeping because he went out to work. After neighbor C learned of this situation, he started to buy, but was unwilling to pay more, so he discussed with Party B and lied to Party A: "There is a problem with the color TV picture tube." Party A believed it to be true, and Party C bought the color TV from Party B at a low price of 500 yuan. Later, the color TV was stolen by the thief Ding and sold to E. E as stolen goods without his knowledge. E died suddenly, and his wife had been having a heated argument with Zi Geng over the inheritance of the color TV, so she asked C to mediate. Not long ago, C discovered that his color TV set was missing and immediately requested its return.
Q (1) Is the transaction between Party B and Party C valid? Why? (3 points)
(2) Is the transaction between D and E valid? Why? (4 points)
(3)Who should own a color TV? Why? (3 points)
11.2001 On August 28, a steel pipe factory in Jiangsu signed a sales contract with Company A in Zhengzhou, stipulating that the steel pipe factory would supply a batch of steel pipes to Company A and be responsible for shipping to Zhengzhou: Company A should Pay a payment of 2 million yuan, and the payment will be paid in full within one month. Zhengzhou Company B is the guarantor of Company A and promises “if Company A does not pay on time”. Company B then pays on its behalf. The guarantee period is until the principal and interest of the payment are settled. "On October 30, 2001, the steel pipe factory delivered the goods to Zhengzhou Company A without objection. Since then, Company A has failed to pay the payment as agreed in the contract. From April 2003, the steel pipe factory began to demand payment from both parties A and B. 15 On September 30, 2019, the steel pipe factory filed a lawsuit with a court in a city in Jiangsu Province.
Q (1) Does a court in a city in Jiangsu Province have jurisdiction over this case? (2 points)
(2) What conditions should a steel pipe factory meet when applying for property preservation? (2 points)
(3) How should Company A bear responsibility (1)
(4)B Should the company be responsible for repayment?
12. a, 15 years old. c, 19 years old. A is responsible for spying at the gate. C entered the house to steal. When B and C entered the house to look for the finances, they found the sleeping queen (65438). Then he had evil intentions and raped the princess. At this time, the king came back, and the three of them fled when they saw a way out. The king followed closely. During the pursuit, A took out the fruit knife he carried and stabbed Wang Zhongzhong in the body. Later, the three people were arrested by the Ministry of Public Security and the procuratorate prosecuted them in accordance with the law. A verdict was made. A’s defense lawyer Ding filed an appeal within the statutory period, and the second-instance court changed the verdict.
Q (1) Analyze the nature of the actions of parties A, B, and C, and briefly explain the reasons (9 points).
(2) Analysis of procedural errors in the case trial (3 points)
13.a, 15 years old, c, 19 years old.
Three people went to Wang's house to steal something. A is responsible for reconnaissance at the gate, while B and C enter the house to steal. When B and C entered the house to look for finance, they found the sleeping queen (65438). Then he had evil intentions and raped the princess. At this time, the king came back, and the three of them fled when they saw a way out. The king was chasing after them. During the pursuit A took out the fruit knife he carried and stabbed Wang heavily in the body. Later, the three people were arrested by the Ministry of Public Security and explained the entire crime. Defense lawyer Ding filed an appeal within the statutory time limit, and the second-instance court changed the verdict.
Q (1) Analyze the nature of the behavior of parties A, B, and C, and briefly explain the reasons (6 points). p>(2) Analysis of procedural errors in the case trial (4 points)
14. Tian and Wen were neighbors. They often quarreled over trivial matters. One day, Tian’s hens lay in the bushes. The egg clucked. At this time, Tian was cooking at home. After a while, the egg was gone and no one was around. Only ten-year-old Wen was playing with pieces of paper in front of the door. Tian suspected that the child had taken the egg. The child stared at Tian and said, "I don't know." Tian slapped the child and called him a thief. Just then, the child's father, Wen, came home and the two immediately quarreled and cursed. , and then was stopped by the neighbor. At night, Tian pointed at the door again and saw that Wen didn't come out to scold him, so Tian kicked the door in and beat Wen in a hurry. He was angry. He grabbed the scissors on the table and stabbed Tian. The two struggled for a while, but Tian was stabbed several times with the scissors and was hospitalized for several days, which cost him more than 500 yuan in medical expenses. Go to court and ask for compensation. How should this case be handled?
15. One morning, the defendants Zhang San, Li Si and Wang went to play on their way home. When they entered the river behind the school office building and saw some classmates swimming in the pond, Zhang suggested throwing stones at them, so the three of them acted one after another. Suddenly, Liu, a student in the pond, saw the stones and tried to get out of the way. He was hit in the left eye. After being diagnosed by the hospital, he was hospitalized for 33 hours. For this reason, the plaintiff asked the defendant to compensate, but the guardian of the three defendants refused to compensate because his children were not injured.
16, A Street is the most prosperous commercial street in the county. It has the largest street stall market in the county. There are many individual restaurants and restaurants in the market. Wei is the clerk of the County Industrial and Commercial Bureau who manages this market, and he often visits self-employed people for free for a day. , Wei took two Ming friends to a restaurant that had just opened in the area he managed. After the meal, the restaurant waiter gave the bill to someone to pay, because his friend was not around him. He had a grudge against the restaurant. The next day, Wei Yingong came to the restaurant and asked the manager to take the bill. Wei turned it over a few times and threw it into the stove, saying that the restaurant's accounts were unclear and illegal, and then handed over the business license and cooking utensils. All were taken away. The hotel filed a lawsuit for this.
Q: Does Wei’s behavior constitute an occupational infringement?
17. A construction team laid gas for a certain company. For the pipeline, a trench L meters wide and 1.5 meters deep was dug on the road. Since the work was not completed that day, the construction team set up warning red lights on both sides of the ditch. However, at 2l that night, there was a sudden power outage in the area where a certain company was located. At this time, A happened to be riding his bicycle home after working the night shift, and a member of A's company fell into a ditch with the bike, causing injuries.
Q: Who should compensate for A’s damage?
18. Plaintiff Liu Liping (7 years old) and defendant Liu Yonggang (9 years old) studied in Xingfuba Village Primary School. The plaintiff was a preschool student and the defendant was a sophomore and he was the monitor. On the afternoon of April 23, 1990, the temporary substitute teacher for the preschool class asked for leave, and the school handed over the preschool class to the second-grade teacher. At the end of the second period, the second-grade teacher finished preschool and went to the toilet in the school yard. At this time, in order to report that some students were disobedient, the plaintiff went to the second-grade classroom to find the teacher. Because the teacher was away and the second grade students were attending self-study classes, the defendant came forward to ask the plaintiff to leave. If the plaintiff refused to leave, the defendant would kick him out. The plaintiff would close the classroom door and lock the door and nose when going out. The defendant opened the door and saw that the plaintiff had walked to his classroom.
He picked up a clod of soil on the ground and threw it at the plaintiff, hitting the plaintiff's right eye. The school immediately took the plaintiff to a nearby town hospital for treatment, and the town hospital recommended going to the city hospital for treatment. After treatment at multiple hospitals, the plaintiff's eye injuries did not heal. In the end, the hospital concluded that "the eyeballs atrophied and the inflammation in the eyes is under control." The plaintiff disagreed with the defendant on the issue of requiring compensation from the defendant, so he filed a lawsuit in court. Question: How to handle this case?
19. One day, while driving four cows home, a car passed by and scattered them. That day, A only found two cows and lost the other two. The next day, B found that the two cows were unattended, so he took them home and raised them until their owners came to claim them. During the breeding period, cow A fell ill, and cow B spent 80 yuan on treatment. The Hou family learned that their two cows were picked up and fed by B, so they went to B's house to ask for them. b requested compensation for the fodder and labor expenses she spent, 200 yuan, 80 yuan, and 280 yuan. Party A and Party B failed to reach an agreement, and Party A filed a lawsuit in court. I would like to ask: Should Party A pay Party B 280 yuan? Should B return the cow to A? Why?
In the autumn of 1983, Qi, a single-family fisherman from a coastal village, went out to sea to fish with others. One day, the weather station suddenly predicted that a strong typhoon was about to land. I hope everyone is prepared. After Qi's neighbor Xu Dashan made windproof work on his house, he saw that Qi's house was in disrepair, so he took the initiative to take his wife and others out to work to reinforce Qi's house. After the typhoon, Qi's house was safe and sound. Ten days later, Qi returned from the sea and thought his house was about to collapse. Unexpectedly, they were reinforced by Xu Dashan and others, and the game remained intact. Qi came here to express his gratitude. But Dashan said: "Brothers must settle accounts clearly. We are neighbors and we need to settle accounts. I will help you strengthen the house. I don't want to pay. Please pay 200 yuan for the materials (with a list of materials and discount instructions)." Qi felt that Xu Dashan asked for high prices, so he didn't ask him for steel bars. He is willing to do it himself, so he can give it or not. For this reason, the two sides had a dispute.
Excuse me: (1) What is the nature of Xu Dashan’s behavior for the Qi Zhuang family? Why?
(2) Does Xu Dashan have the right to demand payment of the material costs for strengthening the house? Does Qi have an obligation to pay? Why?