What's wrong with this lawyer?! Chapter 622

Chapter 622: Chapter 197: Dug a Hole, and You Really Jumped In!_4 Chapter 622: Chapter 197: Dug a Hole, and You Really Jumped In!_4 He set aside the entire routine of contract offers and focused purely on the aspect of contract revocation.

“According to Article 148 of the Civil Code, if one party uses fraudulent ans to cause the other party to carry out a civil legal act against their true intentions, the defrauded party has the right to request the people’s court or arbitration institution to revoke it.”

“Now, the plaintiff, because of our prestigious school’s fraudulent contracting, has signed the subscription agreent, which can now be requested for revocation.”

“The deposit agreent is subordinate to the subscription agreent, and for it to take effect, the main contract, which is the subscription agreent, must be effective.

However, if the main contract is revoked, the subordinate contract is naturally revoked as well.”

“Therefore, our side should not apply the penalty rules for deposits…”

Old Niu’s train of thought was not hard to understand; after all, there was no escaping the false advertising now, so why not simply admit it, “We indeed lured you into signing the contract through false advertising.”

But that contract is a subscription agreent, not a pre-sale contract for comrcial housing.

Now, with the recognition of fraud, when the subscription agreent is revoked, the deposit clauses, as subordinate contracts, will be similarly revoked, eliminating the need to apply the deposit penalties.

So, how to compensate?

Once the contract is revoked, simply refund the deposit.

This was also an approach born out of necessity; the evidence presented by the other party was overwhelming, and the pretense of being a prestigious school had been pierced, so all that was left was to play with legal tactics.

...

Lv Ziyang instantly beca tense, feeling inexplicably that the other side’s argunt seed reasonable.

The Judgnt Chief turned to Old Tang and asked, “Does the plaintiff have anything else to say?”

Old Tang smiled; he had dug a trap for the other side, hoping they would be smarter, but they still jumped in headfirst.

Originally, if it had been stated directly that the offer pertained to the subscription agreent, it would have been difficult to say how the other side could refute it.

So Old Tang had played a little trick; in all his previous statents, he never explicitly ntioned that the offer should be considered an offer for a comrcial housing sales contract!

Indeed, the other side realized this while presenting evidence.

If it were proven that the invitation to offer was invalid, they would undoubtedly choose to say it was an offer for a subscription agreent; at the very least, this could lead to the revocation of the agreent and the refund of the deposit.

Quickly setting down his cup, he said, “I believe the defendant’s reasoning is not sufficient.

First of all, the subscription agreent is a preliminary contract, established with the purpose of entering into the main contract.”

“Judgnt Chief, I would like to ask the defendant a few questions.”

The Judgnt Chief spoke, “Permission to question granted.”

Old Tang then looked at Old Niu and said, “I want to ask, the things you just ntioned, does that an you are saying, the business of signing with the prestigious school should be considered an offer for the subscription agreent, right?”

Old Niu furrowed his brows and instinctively retorted, “That shouldn’t count as…”

“Not count as an offer for a subscription agreent?

So are you agreeing that this is an offer for a comrcial housing sales contract instead?”

“Ah, that is indeed an offer for a subscription agreent.”

Such an act that could substantially affect buying a house is definitely an offer; since it’s presented as an offer, there must be a corresponding contract, after all, the plaintiff has already made a promise.

What you are suggesting is that my client decided to sign the subscription agreent after seeing the promotional flyer, which can be considered an offer for the subscription agreent.

“Okay, so as an offer for the subscription agreent, according to Article 472 of the Civil Code, once the offeree has made a promise, that expression of intent shall be binding on the offeror, even if it is not written in the contract, and should be regarded as part of the contract content.”

“The reservation contract had already made detailed stipulations for such a significant term, so there must be related terms in this contract.

However, as Evidence Two proves, the school that was signed up for has been confird not to be a prestigious school.

Therefore, it should be recognized that the defendant has fundantally breached the contract, and the deposit needs to be returned double.”

“Speaking of the ‘Civil Code’ Article 148, I find it amusing.

The defendant themselves said that if one party uses deceit to make the other party perform a civil legal act against their true intentions, the deceived party has the right to request that a people’s court or an arbitration institution revoke it.

So, I ask, who is the deceived party?

Naturally, it is my client.”

“As the deceiving party, the defendant has no right to request revocation.

Contract revocation is rely a right stipulated in the Civil Code—rights can be exercised or not exercised.

Therefore, since we have not applied to revoke the subscription agreent, there is no such thing as automatic revocation…”

The aning is actually quite easy to understand.

The prestigious school enrollnt flyer is an offer in the reservation contract.

Even if it is not written, it is automatically included.

For such confird negotiations in the reservation contract, they must be written into the main contract and they must be fulfilled.

Otherwise, it is considered a fundantal breach, because you can’t possibly conjure up two prestigious schools out of thin air.

There is a sequence here.

Although we now know that the subscription agreent was forged by your deceit, there is a very important principle in the civil sphere: autonomy of will.

If we all know we can get more money without revoking, why would we revoke it?

Old Niu suddenly realized he was stunned as he carefully picked up the written opinions on the table and looked them over.

He suddenly realized that he seed to have fallen into a trap—Tang Fangjing had intended him to take this path right from the start!

But the key point was that he had not realized this before.

After all, everyone knows that a contract, when defrauded, can be revoked.

However, he overlooked one point: it ‘can be revoked,’ not ‘should be revoked.’ These two phrases have completely different concepts in law.

The Judgnt Chief above looked at Tang Fangjing, wishing he could exclaim in admiration if he were not sitting up there!

The opponent indeed played tricks, but setting traps for the other party in court is commonplace—being a lawyer requires professionalism, and stepping into a trap only proves your inadequacy.

Seeing that both parties had stopped speaking, the Judgnt Chief imdiately said, “Does the plaintiff have any additional comnts?

How about the defendant?”

“Nothing more, is that right?

Fine, I declare a temporary recess.”

In the public gallery, Wang Dengfeng was already dumbstruck.

He knew why he lost—the reason being that he was simply not skilled enough.

It had nothing to do with anything else; his level was just not up to par.

When he had just heard the legal director’s argunt, Wang Dengfeng thought it made perfect sense and was completely logical!

The result was that he got thoroughly rebutted by Tang Fangjing…

Especially when the other party ntioned “Civil Code Article 148,” the tone was clearly mocking, making fun of the other side’s ignorance.

Stunned for a long while, Wang Dengfeng tightened his mask even more.

Tang Fangjing had definitely won, so he must not be recognized by others…

After the recess, the collegiate bench ca back and pronounced the sentence: The defendant Yashi Company must refund double the deposit of four hundred thousand!

Hearing the judgnt, Old Niu’s head drooped dispiritedly—it was too crushing a defeat…

Wang Dengfeng, upon seeing the result, was ready to slip away, but just then, Lv Ziyang’s wife suddenly stood up and said, “Hey, you are Wang Dengfeng, the attorney, right?

I wasn’t sure just now, but now that you ca up, I’m certain…”

Wang Dengfeng was stunned on the spot because he saw Old Tang and Lv Ziyang in the plaintiff’s seats looking his way too…

The Judgnt Chief was packing up materials and Old Tang already chuckled, “So it’s Attorney Wang Dengfeng.

I didn’t expect such a high-profile lawyer to grace us in this small case.

So, do you have any criticisms?”

“Oh, right, Old Lv, wasn’t there soone who said that if we win this case, soone will have to call soone else ‘daddy’?”