Two hundred and twentieth chapters liquidated damages
Lu Yihang pinched his lower lip and watched the car go away. After a long time, he said, "I actually understand that young man, his family is poor, his parents are sick, and his sister is going to college."
Cao Yun said: "It is indeed worthy of sympathy, but he made a big mistake."
"What's the big mistake?"
Cao Yun said: "He wanted to own an office building, but he was only willing to spend 3,000 to hire a lawyer. Ask yourself, if it were him, I would have to kneel down. If it were him, I would not kneel down. My parents' hospitalization fee would be gone and my sister's tuition would be gone."
Lu Yihangdao: "Lawyer Cao, do you want me to see the true side of the lawyer?"
Cao Yun asked back: "If you were me, would you help Mrs. Qian?"
"Haha... Yes." Lu Yihang replied helplessly with a smile. "Lawyer Cao, did you mean just now that if a young man is willing to find you, can you help him get the office building?"
Cao Yun said: "It's difficult, but it may not be impossible to get it. However, I collected 100,000 because as the defendant's lawyer, the case is very simple. If I am the plaintiff's lawyer, I will need at least 30% of the office property rights. Do you believe it or not? After I offer the offer, he will find a way to find only 29% of the lawyers and then find 28% of the lawyers. A expensive lawyer may not be good, a good lawyer will definitely be expensive."
Cao Yun: "Yihang, your charges are too casual, and they will fluctuate up and down due to justice and injustice. Excellent lawyers cannot go with the flow. Lawyers are very personal professions, and famous lawyers have distinct personal characteristics. In terms of pricing, some people set prices based on the client's wealth, and some people set prices based on the amount involved in the case. This is the first time I heard that some people set prices based on justice and injustice. Don't you know that justice is not absolute."
Lu Yihang was ashamed: "You know everything about Lawyer Cao?"
Cao Yun said: "Yihang, you helped me a lot. Your attitude is very correct. I am not a famous lawyer, nor dare to be your teacher. I hope we are friends. The purpose of my appointment with you is to hope that you can become the lawyer of that young man. This is a very difficult battle, but this case has an entry point. I don't want to say that I can't see it completely. If I don't say it, you may be able to discover a new world. Even if you can't win this lawsuit, you can be a good fight. The benefits of starting a career? At most, I can offer you a partner in Gaoshan Law Firm. I know you are not very interested. But you can prove your ability in this lawsuit."
Cao Yun looked at Lu Yihang and asked, "Is it a challenge?"
Lu Yihang smiled bitterly: "It seems that it is even more difficult now. I have to convince the young people to believe me and turn against Mrs. Qian again... However, I think I can convince him. What I am more worried about is that my chances of losing are very high. If I lose, I will lose. What should he do? What should he do if his parents' medical expenses and sister's tuition?"
Cao Yun said: "Why don't you consider what African orphans will eat tomorrow? On the other hand, you will at least give him the hope of being a human being. If you don't accept it, he will be played to death by Mrs. Qian. Didn't you see that? Mrs. Qian knew the difference between gifts and prenuptial agreements long ago."
Lu Yihang was shocked: "I didn't see it. Could it be that Mrs. Qian... this... this is too dark."
Cao Yun pretended to be mysterious and said, "Maybe, maybe not, are you sure of the challenge?"
Lu Yihang thought for a long time and asked, "Lawyer Cao, you won't bet, are you?"
Cao Yun was shocked: "Yeah...yes, Miss Gao and I bet. If she loses, she can get an excellent partner in the law firm. If she wins, she can get at least 1,000 yuan. She will not lose about it."
Lu Yihang smiled bitterly first, took a deep breath, looked at the distant mountains for a long time, and said, "I'll challenge."
Cao Yun said: "From the plaintiff's perspective, this case is very difficult. You need a lot of information and information. You can contact Hanzi. I will give you the employment fee this time. In addition, if you need an assistant, don't count on Yunyin. Wei Jun is very organized in his work, you can try it."
"No, I won't try, I'm going to win."
"Ha, I'll treat you to lunch."
...
The sun was shining brightly, under the sun umbrella, Hanzi accompanied a girl to sit in the backyard of the law firm, and Cao Yun and Gao Shanxing were watching the contract.
Under the gaze of the two women, Cao Yun put down the contract and drank water and thought: "Just judging from this contract, it's very troublesome."
The girl's name is Yan Jin. This is an agent contract, which is very representative in modern law. Yan Jin is most concerned about one of the contracts: a penalty of two million. The previous contract describes both parties and rights and obligations, and finally states the penalty for liquidated damages.
The trouble lies in the liquidated damages. There are two concepts of liquidated damages. One is the punishment after breach of the contract, and the other is the compensation for termination of the contract. Generally, it will be written clearly. The first type: because after receiving training from Tianxia Entertainment Company (Party A), Yan Jin terminates the contract for unilateral reasons, or is terminated by Party A for evading the law, Party B will deliver two million in one lump sum within xx days of applying for termination of the contract.
This is a liquidated damages for termination of the contract. It is called a liquidated damages, or more precisely, a breach of contract. After the liquidated damages are delivered, the contract will be invalidated.
The second type: Liang Jing or Tianxia Entertainment fails to fulfill the obligations agreed in the contract, and violates Article 1, paragraphs, and Article 3, paragraphs, to pay a penalty of 2 million. Violations of Article 4, and Article 5, to pay a penalty of 1 million. This type of breach of contract is for punishing liquidated damages. For example, Tianxia Entertainment does not provide professional teacher training to the body, how much will it be compensated according to the contract. The contract, the contract does not change the nature of the contract due to the occurrence of the penalty. After the loss, the contract must continue to perform the contract.
Yan Jin is the school beauty of Dongda University and a roommate of Hanzi Dongtang University. In his junior year, he signed this contract with Tianxia Entertainment. Yan Jin received a subsidy of 300,000 yuan a year after graduating from university. After graduating from university, he officially became a contracted artist of Tianxia Entertainment. No problem is there.
Until the article of liquidated damages. The liquidated damages are a separate template. They are clearly written. A liquidated damages of two million are not liquidated damages for termination of the contract, but rather a rigorous refusal to fulfill the contractual obligations and must pay for breach of contract compensation.
Yan Jin was also in tears: "When signing the contract, because of the senior sister's reminder, I specifically asked to add the liquidated damages clause. What I mean was the liquidated damages for termination of the contract, not this kind of liquidated damages."
Cao Yun understood that when the contract is rigorous, there are forty-two pages. It is difficult for an ordinary person to read all the forty-two pages of the contract. What is the formal approach? Suppose the contract is in triplicate, you not only have to look at these forty-two pages, but also look at the other two forty-two pages. After reading it, it is only half of the work that is completed, and half of the work is signed. Some contracts require signatures. There are more than twenty places that require signatures. This workload cannot be completed by a normal person.
Like ordinary people, Yan Jin explains his own requirements and the other party explains his requirements. Both parties feel that there is no problem and start signing the contract.
Cao Yun had not finished reading the contract, and he couldn't finish it all night. Moreover, only lawyers could understand the professional contract. Many of the words in it were awkward for ordinary people. It was definitely not as simple as deposits and deposits.
Hanzi said: "My friend, Biology Science, hopes that she can develop in this field, and also has the idea of pursuing graduate school. She explained to Tianxia Entertainment a few days ago that she is willing to compensate for a penalty of 2 million. The legal department of Tianxia Entertainment told her that termination of the contract is not a problem of 2 million. They have advanced investments, and they ask professional teachers to provide various training during holidays in Yanjin University, and have agents to help and coordinate rigorous study and accommodation. In addition, they have done a lot of work for publicity and invested a lot, and they have also made appointments for famous male stars."
Gaoshan Apricot has mild myopia and always wears glasses when looking at the contract. The way to wear glasses is the way for elderly people to read glasses, which is stuck at the tip of their nose and is far away from their eyes. This is Gaoshan Apricot's working habits. You can see people talking when your eyes are facing up, and you can see the contract when your eyes are facing down.
Cao Yun has made many jokes about this position, but after watching it for a long time, he will feel that the posture of Gaoshan Apricot has a bit of professional flavor.
Gao Shanxing lowered her head slightly, raised her eyes, and jumped out of her glasses and looked at the lenses: "There is a principle of compensation in the law. For example, if you smash Cao Yun's car with a stone, Cao Yun spent 30,000 yuan on repairing the car, you must compensate 30,000 yuan. Cao Yun was anxious to do business today, because you smashed the car, which delayed his time and caused him to lose 10 million yuan. This ten million has nothing to do with you."
Cao Yun said: "A good lawyer can make you pay ten million."
Gao Shanxing raised her hand and patted Cao Yun on the shoulder and continued: "Your biggest mistake is to find a lawyer first, rather than discuss with Tianxia Entertainment Company first. Once discussed, they can easily increase hidden costs. For example, the appointment period for a male star. It should have been that if a male star has time, he will agree to the invitation at that time. They can transform into, and the male star has time to determine that he has time. This change represents a change in cost. If you are the one who advocates termination of the contract, it means that you must compensate the other party for all losses."
Gao Shanxing: "In the early years, you and the performing arts company are under a contract of agency. According to the Contract Law, the contract of agency can unilaterally terminate the contract. However, now the legal interpretation is that those involving performing arts contracts are comprehensive contracts. If you unilaterally terminate the contract, you will face high claims. The most complicated thing is that the comprehensive contract. The performing arts company invests funds in advance to train you, which may be wasted, including investment costs and risks. Hire you exclusively to you, take care of your life and other things, which also includes the characteristics of agency, employment, etc. Help you find notices, and it is..."
Hanzi: "Xingzi, how much do you think it costs?"
Gao Shanxing looked at Yan Jin for a while: "It depends on how Tianxia Entertainment Company interprets Yan Jin. I have come into contact with many similar cases. The first type is big-name stars. Even if they breach the contract, the performing arts companies may not dare to pursue it. At most, they are negotiated and the stars make some concessions. The second type is ordinary stars, usually through negotiation, and compensate a certain amount of money. The third type is a quasi-star like Yan Jin. The company has made plans and invested in advance. With rigorously your face, figure and pronunciation, I think Tianxia Entertainment will at least open 20 million."
"Twenty million?" Yan Jin almost screamed.
Gao Shanxing said: "What they want is you, not 20 million. You have to consider that it takes a considerable amount of time, money and energy to fight a lawsuit of 20 million. The other party has a legal department and holds a contract in his hand. The cost of both parties is different. If you don't find a good lawyer, although you don't have to pay 20 million, you still need to pay a few million. If you find a good lawyer, the lawyer's fees will be very fatal. I advise you to perform the contract normally."
Hanzi looked at Cao Yun: "Hey." She didn't know that she was at a loss on the contract, so she looked for Cao Yun to see if she could go to the wrong place.
Cao Yun looked at Gao Shanxing: "How about breaking her leg?"
Gao Shanxing gave Cao Yun a blank look: "If you forge an accident and hurt yourself and use this as an excuse to terminate the contract, you can usually get the judge's understanding. But I just mentioned the principle of compensation..."
Cao Yun: "Buy an accidental injury insurance, and then the volcano erupts and disfigures..."
Yan Jin couldn't believe that he opened his mouth wide and looked at Cao Yun, and then looked at Hanzi: Is this your lawyer friend?
Gao Shanxing couldn't help but patted Cao Yun's head: "The normal way is to negotiate, but you are a quasi-star and have no say at all... Cao Yun, did you say last time that you met Bai Ru?"
Cao Yun said: "The relationship between Bai Ru and I cannot be described in general. We are simply strangers." In fact, the key question is, what is the relationship between Yan Jin and me?
Through chatting about cases and dialogues, Cao Yun judged that the bottom line of rigorous psychological endurance was three million. Ordinary people were very happy to be able to collect some interest. Unfortunately, without more than ten times the profit, businessmen would not invest for two years or even longer. Three million was definitely not the expectation of Tianxia Entertainment.
Yanjin is indeed a good seedling. Celebrity seedlings are celebrity seedlings. You can read entertainment news. No matter how beautiful the internet celebrity stands with a well-known star, at most it is an old lady buying groceries. Internet celebrities are beautiful in their skills, while well-known stars are beautiful in their bones. (The famous stars mentioned here are the four kings, Tony Leung, Joey Wong, Brigitte Lam, etc.)
Cao Yun asked: "Liangjin, why don't you want to be a star?" Countless boys and girls cried and begged to be a star. Your behavior that seriously violates social values is incorrect.
Yan Jin said: "I heard that the entertainment industry is too complicated..."
Hanzi interrupted: "In the past two years, the agency company has asked her to socialize many times, saying that she was taking her to meet her seniors in the entertainment industry. She privately hinted that she could sacrifice a little. In addition to male stars, there are also rich investors, big advertisers, etc. After dinner, they asked to sing, and said that it was to look at their skills and secretly ate tofu. Several times Yan Jin left angry, but was taught a lesson by his agent. The agent said, "You should not treat yourself as the queen now, you are just a green onion now, and you will be popular in the future, and tens of millions of fans will support them, and their shoes will be covered on their faces. They will also have to laugh and help you wear shoes."
Chapter completed!