Chapter 1053: Chapter 341 Old Tang Claps: Brilliant!_3
Because the leader is also the legal representative of the organization!
Within the organization’s scope of operations, a contract signed by the legal representative within their authority does not require an official seal to be effective.
Of course, this organization isn’t comrcially oriented, so whether the leader’s signing of the contract exceeded their authority is unclear.
But Tian Junfa specifically sought legal grounds to counter the opposing evidence this ti—he truly wants to win, and he truly wants to improve!
“Taking a step back, even if my client’s behavior at the ti exceeded their authority, according to the principle of retroactive leniency, this case should adhere to the previous ‘Contract Law.’ According to Article 50 of the then ‘Contract Law’:
“If the legal representative of a corporation or the head of a non-corporate organization exceeds their authority when entering into a contract, the contract is still valid unless the counterparty knew or should have known about the violation of authority. The contract thus binds the corporation or non-corporate organization.”
“In this case, my client was the leader of the organization at the ti and also the legal representative of the organization. My Evidence Three can prove that, under the circumstances at the ti, people commonly had an unclear understanding of the leader’s authority.”
“Furthermore, based on Lu Jianshe’s repeated attempts to collect the debts afterward, it can be shown that he neither knew nor should have known whether my client’s signing behavior exceeded their authority.”
“Therefore, the contract concluded should bind the corporation or non-corporate organization. In other words, the signing behavior should be deed organizational consumption!”
There’s no issue with the logic whatsoever—signing and dining can be regarded as a contract. If the organization leader didn’t exceed their authority, then whether an official seal was used doesn’t matter; the organization must acknowledge it.
Even if the authority was exceeded, it still doesn’t matter, because Lu Jianshe didn’t know about any of this. From his perspective, the other party signed as the organization’s leader, so under the legal provisions, the organization must acknowledge it as well.
Brilliantly argued—Old Tang couldn’t help but ntally applaud.
In Old Tang’s eyes, this Lawyer Tian Junfa indeed has so skill, sowhat resembling Zhang Wei from before.
To win cases, they can cite any precedent to support their argunts, which indeed increases their likelihood of winning.
But during the process of proof, they very easily overlook criminal law…
Take now as an example—the other side unexpectedly says sothing like, “Taking a step back, if my client’s behavior exceeded their authority…”
If this sentence were applied to a corporate legal representative, it might still work. But this organization isn’t a corporation!
Then we must address this properly—what do you an by your client exceeding their authority to sign?
Phenonal—the statents made during court hearings are all recorded, especially when it’s sothing your own counsel says.
Sure enough, the representative from the organization appearing as a third party now looks visibly upset. Though he works in legal affairs, his preparations were inadequate.
In his understanding, Tang Fangjing should have been the main force in this trial, and he himself was just the one to cheerlead.
Yet unexpectedly, Tang Fangjing essentially turned invisible during the proceedings!
Why—this is your case, aren’t you supposed to speak up? Why aren’t you saying anything?
The old guy glanced at the plaintiff’s counsel table, only to find Old Tang sitting there perfectly at ease.
“Why, Lawyer Tang, you… you’re not speaking anymore? If you don’t speak up soon, this case might be lost!” The old guy finally couldn’t hold back and said.
Tian Junfa, still basking in the thrill of his exceptional performance, couldn’t help but interject: “Judgnt Chief, the other party is speaking without permission…”
Oh please, don’t provoke Tang Fangjing to speak again!
The Judgnt Chief knocked the gavel: “You stop speaking too. And you, don’t speak without permission either!”
The old man glared, risking a warning from the Judgnt Chief to remind Lawyer Tang, yet Tang Fangjing remained unperturbed.
What? A renowned lawyer, and this is all he offers? What nonsense!
The trial concluded, but the court still didn’t deliver a verdict—it must consult the higher court for guidance.
Tian Junfa was elated—truly elated. Qin Mingsheng was even more satisfied. Given his usual temperant, he would definitely throw in a few taunts now.
But considering the opponent is Tang Fangjing, he closed his mouth again.
Amid everyone’s gaze, Old Tang maintained the sa expression, stood up, and slowly departed.
The other party still didn’t react? What’s going on here!
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