Chapter 226 Liquidated Damages
Lu Yihang pinched his lower lip and watched the car go away, and said after a long time: "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 wrong?"
Cao Yundao: "He wants to own an office building, but he is only willing to spend 3,000 yuan to hire a lawyer. Ask yourself, if I were him, I would have to kneel, not kneel, my parents' hospitalization fees are gone, and my sister's tuition fees are gone. ”
Lu Yihang said: "Lawyer Cao, do you want me to see the true side of the lawyer?"
Cao Yun asked rhetorically: "If you were me, would you help Mrs. Qian?"
"Huh...... Yes. Lu Yihang replied with a helpless smile. "Lawyer Cao, did you mean that if a young man is willing to look for you, you can help him get an office building?"
Cao Yun said: "It's difficult, but it may not be impossible to get it." However, I received 100,000 yuan because the case was simple for me as the defendant's lawyer. If I were the plaintiff's lawyer, I would have at least 30% of the office ownership. Believe it or not, after I make an offer, he'll find a way to find a lawyer who only needs 29%, and then a lawyer who is 28%. An expensive lawyer is not necessarily good, but a good lawyer is definitely expensive. ”
Cao Yun: "Yihang, your charges are too arbitrary, and they will fluctuate up and down because of justice and injustice. A good lawyer cannot follow the crowd, a lawyer is a very personal profession, and famous lawyers have distinctive personal characteristics. As far as pricing is concerned, some people set prices based on the net worth of the customer, and some people set prices based on the amount of money involved in the case, and this is the first time I have heard that some people set prices based on justice and injustice. Don't you know that justice is not absolute? ”
Lu Yihang was ashamed: "Do you know Lawyer Cao?"
Cao Yun said: "Yihang, you have helped me a lot, and your attitude is very correct. I'm not a lawyer, and I don't dare to be your teacher, I prefer that we are friends. The reason I asked you to appear in court is to hope that you will become the young man's lawyer, and it is a very difficult battle, but there is a starting point in this case. I don't want to say, I can't see it all, I don't say, you might still be able to discover the New World. Even if you can't win this lawsuit, if you can fight beautifully, you will be considered a teacher. The benefits of being a teacher? I can offer you at most a partner of Gao Shan Law Firm, I know you are not very interested. But you can prove yourself in this lawsuit. ”
Cao Yun looked at Lu Yihang and asked, "Is it a challenge?"
Lu Yihang smiled bitterly: "It seems to be more difficult now." I still have to convince the young people to believe me and turn the other cheeks with Mrs. Qian again...... I think I can convince him, though. What I'm more worried about is that the chance of me losing is very high, and if I lose, I will lose, what will he do? What will happen to his parents' medical bills and his sister's school fees?"
Cao Yun said: "Why don't you think about what the African orphan will eat tomorrow? On the other hand, you at least give him a glimmer of hope." If you don't pick up, he will be played to death by Mrs. Qian. Don't you see? Mrs. Qian has long known the difference between a gift and a prenuptial agreement. ”
Lu Yihang was surprised: "I didn't see it, could it be Mrs. Qian...... This...... It's too dark too. ”
Cao Yun pretended to be mysterious and said: "Maybe it is, maybe it isn't, are you sure about the challenge?"
Lu Yihang thought for a long time and asked, "Lawyer Cao, you won't make a bet, right?"
Cao Yun was taken aback: "En...... Yes, I made a bet with Miss Gao. If she loses, she can get a good partner in a law firm. She won and got at least a thousand dollars. Left and right are not at a loss. ”
Lu Yihang smiled bitterly, took a deep breath, looked at the distant mountains for a long time, and said, "I'll challenge." ”
Cao Yundao: "From the plaintiff's point of view, this case is very difficult. You need a lot of information and materials, you can contact Hanzi, I will give you the employment fee this time. In addition, you need an assistant, Yun Yin don't count on it, Wei Jun is very organized, you can try. ”
"No, I don't try, I'm going to win. ”
"Ha, just say this to you, I'll have lunch. ”
……
The sun was shining, under the umbrella, Hanzi accompanied a girl to sit in the backyard of the law firm, and Cao Yun and Gao Shan Xing were reading the contract.
Under the gaze of the two women, Cao Yun put down the contract, drank water and thought: "Judging from this contract, it is very troublesome. ”
The girl's name is rigorous, and this is a broker contract, which is very representative in modern law. Rigor is most concerned about one of the contracts: liquidated damages of two million. The first contract states the rights and obligations of both parties, and finally the liquidated damages.
The trouble lies in the liquidated damages. There are two concepts of liquidated damages, one is the penalty after the breach of the contract, and the other is the compensation for the termination of the contract. Generally, it will be written more clearly. The first type: because Rigor (Party B) terminates the contract for unilateral reasons after receiving training from Commonwealth Entertainment Company (Party A), or is terminated by Party A because of the circumvention of the law, Party B shall pay a one-time liquidated damages of 2 million within XX days of submitting an application for termination of the contract.
This is a liquidated damages for the termination of the contract, which is said to be liquidated damages, or more precisely, the breach of contract, and the contract is voided after the liquidated damages are paid.
The second type: strict or Tianxia Entertainment fails to perform the obligations agreed in the contract, violates the provisions of Article 1, and pays liquidated damages of 2 million in accordance with the provisions of Article 3. Violation of Article 4 and Article 5 liquidated damages of one million. This kind of breach of contract is used to punish liquidated damages, such as how much compensation is required according to the contract if Tianxia Entertainment does not provide professional teacher training for physical fitness. The nature of the contract does not change because of the occurrence of the penalty. After losing money, you have to continue to fulfill the contract.
Rigor is the school flower of Dongda University, and he is a roommate of Hanzi Dongtang University, and in his junior year, he signed this contract with Tianxia Entertainment. Rigorous juniors and seniors, receive a subsidy of 300,000 yuan per year. After graduating from university, he officially became a contracted artist of Tianxia Entertainment. None of this is a problem.
All the way to the liquidated damages. Liquidated damages are a separate template, which is clearly written that the liquidated damages of 2 million are not liquidated damages for the termination of the contract, but for the serious refusal to perform the contractual obligations and must be paid for the liquidated damages.
Rigor also wanted to cry without tears: "When I signed the contract at that time, because of the reminder of the senior sister, I specially asked to add a liquidated damages clause. What I mean by this is to add liquidated damages for termination, not such liquidated damages. ”
Cao Yun understands that when this contract is rigorous, there are forty-two pages, and it is difficult for an ordinary person to read all the forty-two pages of the contract. What is the formal practice. Assuming the contract is in triplicate, you have to look not only at these forty-two pages, but also at the forty-two pages of the other two. After reading it, half of the work is completed, and half of the work is signed, and some contracts need to be signed in more than 20 places. This kind of work is not something that a normal person can do.
Rigorous is the same as ordinary people, explain their own requirements, and the other party explains their requirements, and both parties feel that there is no problem and start to sign the contract.
Cao Yun didn't read the contract, he couldn't finish it all night, and the professional contract can only be understood by lawyers, and many of the words in it are relatively jerky for ordinary people. It's definitely not such a superficial primer as deposits and deposits.
Hanzi said: "My friend is studying biology, and she hopes that she can develop in this field, and she also has the idea of pursuing graduate school. She explained to Tianxia Entertainment a few days ago that she was willing to compensate two million in liquidated damages. The legal department of Tianxia Entertainment told her that the termination of the contract was not a matter of two million. They have upfront investment, professional teachers to provide various training during rigorous university holidays, and have agents to help and coordinate rigorous study and accommodation. In addition, they have done a lot of work and invested a lot in order to publicize, including making appointments for famous male stars. ”
Gao Shan Xing is mildly myopia, and always wears glasses when looking at the contract, and the way to wear glasses is the way of reading glasses for the elderly, which is stuck on the tip of the nose and far away from the eyes. This is Gao Shan Xing's work habit, with his eyes facing up to see people talking, and his eyes facing down to see the contract.
Cao Yun teased this posture a lot, but after watching it for a long time, he would feel that Gao Shan Xing's posture was a bit professional.
Gao Shan Xing lowered her head slightly, her eyes were raised, and she jumped out of the lenses of her glasses to look rigorously: "There is a principle of compensation in the law, for example, if you hit Cao Yun's car with a stone, Cao Yun spent 30,000 yuan to repair the car, and you must compensate 30,000 yuan." Cao Yun was in a hurry to do business today, because you smashed the car, delayed his time, and caused him to lose 10 million, which has nothing to do with you. ”
Cao Yun said: "A good lawyer can make you pay 10 million." ”
Gao Shan Xing raised her hand and patted Cao Yun on the shoulder, and continued: "Your biggest mistake is that you should find a lawyer first, instead of discussing with Tianxia Entertainment Company first. Once negotiated, they can easily add hidden costs. For example, make an appointment for a male star. Originally, if the male star was free, he would agree to the invitation at that time. They can be transformed, and male stars are sure to have time and availability. This shift represents a change in cost. If you are the one who claims to terminate the contract, it means that you must compensate the other party for all losses. ”
Gao Shan Xing: "In the early years, the law understood that you and the performing arts company belonged to an entrustment contract. According to the provisions of the Contract Law, the entrustment contract can be unilaterally terminated. However, now the law interprets that the performing arts contract is a comprehensive contract, and if you unilaterally terminate the contract, you will face a high amount of claims. The most complicated thing is the comprehensive contract, the performing arts company invests money in advance to train you, which may be wasted, including investment costs and risks. Hire an agent for you to take care of your life and other things, which in turn includes the characteristics of agency, employment and so on. Help you find the notice, it's ...... again"
Hanko: "Apricot, how much do you think it will cost?"
Gao Shan Xing looked at it rigorously for a while: "It depends on how the world entertainment company interprets rigor, I have been in contact with many similar cases." The first type, big-name stars, even if they breach the contract, the performing arts company may not dare to pursue it, at most it is a negotiation, and the star makes some concessions. The second type, ordinary celebrities, usually through negotiation, compensates a certain amount of money. The third type, a quasi-star like rigorous, the company has made a plan and invested in advance, with a rigorous face, figure and pronunciation, I think the world entertainment will open at least 20 million. ”
"Twenty million?" Rigor almost screamed.
Gao Shan Xing said: "What they want is you, not 20 million." You have to think about it, it takes a lot of time, money and energy to fight a lawsuit of 20 million. The other party has a legal department, and the contract is in hand, and the cost of the two parties is different. If you don't find a good lawyer, although you don't have to pay 20 million, you still need millions. If you find a good lawyer, the lawyer's fee is terrible. I advise you to perform the contract normally. ”
Hanzi looked at Cao Yun: "Hey." "She didn't know that she was suffering a loss in the contract, so she looked for Cao Yun to see if she could go astray.
Cao Yun looked at Gao Shanxing: "How about breaking her leg?"
Gao Shan Xing glanced at Cao Yun: "If you fake an accident and harm yourself, and use this as an excuse to terminate the contract, you can usually get the judge's forgiveness." But I just said the principle of compensation......"
Cao Yun: "Buy an accident insurance, and then the volcanic eruption disfigured ......"
Rigorous opened his mouth to look at Cao Yun in disbelief, and then looked at Hanzi: This is your lawyer friend?
Gao Shan Xing couldn't help but pat Cao Yun's head: "The normal way is to negotiate, but you are a quasi-star and have no right to speak at all...... Cao Yun, did you say you had seen Bai Ru last time?"
Cao Yun said: "The relationship between me and Bai Ru can never be described in general, we are strangers at all. "In fact, the key question is, what is the relationship between rigor and me?
Through chatting about the case and dialogue, Cao Yun judged that the bottom line of rigorous psychological bearing was three million. Ordinary people borrow money and are happy to receive some interest. It is a pity that without ten times more benefits, the businessman will not make an investment for two years, or even longer. Three million is definitely not the expectation of World Entertainment.
Rigor is indeed a good seedling. Star seedlings are star seedlings, you can watch entertainment news, no matter how beautiful Internet celebrities and well-known stars stand together, at most they are a grocery shopping aunt. Internet celebrities are beautiful in technology, and well-known stars are beautiful in their bones. (The well-known stars mentioned here are the Four Heavenly Kings, Tony Leung, Wang Zuxian, Lin Qingxia, etc.) )
Cao Yun asked: "Rigorous, why don't you want to be a star?" Countless boys and girls are crying and shouting and begging to be a star, your behavior that seriously violates social values is incorrect.
"I've heard that the showbiz is too complicated......"
Hanzi interrupted: "In the past two years, the agency company has asked her to entertain many times, saying that it is to take her to meet the seniors in the entertainment industry. Privately hinted to her that it was okay to sacrifice a little. In addition to male stars, there are also local tyrant investors, big advertisers, etc. After eating, I asked to sing, and I said that I was looking at my skills, but I secretly ate tofu. There were a few times when Rigor left angrily, but he was taught a lesson by his agent. The agent said, don't treat yourself as a queen now, you are a green onion now, you will be popular in the future, backed by tens of millions of fans, and the shoes will cover their faces, and they will have to laugh and help you put on shoes. ”
Cao Yun reminded: "The last sentence is pure nonsense, don't take it seriously." Even if they don't dare to destroy you to your face, they have many ways to discredit you. So after you become popular, you must find a way to marry into a wealthy family...... Okay, okay, I'll make some constructive comments, no kidding. ”