Chapter 195, Cunning ATC

One of the reasons why Councillor Winston has always had a good image is that he broke up peacefully with his ex-wife and became friends and close associates after the divorce.

Councillor Winston's public image is that of a good man, and one of the labels that his team has created for him is the Gu family.

Patty and Winston have mentioned their divorce on camera countless times, and unlike others, they have generously admitted and explained the reason for the divorce - the relationship is over.

According to them, they were unwilling to delay each other and chose to break up peacefully. Not only that, when they were asked about their life after the divorce, they all said that although they were divorced, they were still very good friends, and they often helped each other in life, and they were used to confiding in each other when things didn't go their way.

Both Patty and Winston jokingly referred to their relationship as 'family' in front of the camera, and claimed that 'it is possible that they will be together again in the future'.

Neither of them had any scandals after the divorce, and it was as clean as if they had been castrated.

"I need a restraining order that restricts Patty from revealing anything Taylor-related to the outside world, at least until the campaign is over." Winston Road.

"Does she know anything about Taylor?" Brooklyn asked.

"Yes, she does. That's why we have a disagreement. Winston replied. Brooklyn rolled her eyes silently.

The devil would believe that two politicians parted ways because of marital infidelity.

"There is no such injunction, but you can sign an employment contract with a binding clause in the contract." Brooklyn said

"I can help you, in exchange, I want that picture."

"No, signing the contract will alert Patty, and she'll probably fall short with me." Winston disagreed with Brooklyn's suggestion.

This is not surprising. In fact, Brooklyn's suggestion was simply unsettling. It can be seen from a few words that in the confrontation between Patty and Winston, Winston is at a disadvantage, and signing the employment contract at this time is to stimulate Patty.

"Think about it. It's almost court time. Brooklyn said.

“ok。” Putting away his phone, Brooklyn changed into a robe and rushed to the courtroom with the file in his arms. Above the courtroom.

Councillor Winston still looked like a good student listening carefully, and there was no sign of a fire in the backyard.

Compared to the morning, the auditorium was not even full. Brooklyn guessed they all went next door.

By midday, the news of Lylee Crewe's murder in the courtroom had spread, and everyone wanted to see the end of the 'great man'.

If you can't leave, Brooklyn wants to see it and see for yourself in the courtroom of Lyry Crewe.

But he couldn't, he had already shown his fangs to everyone, declaring that his legacy to Lyri-Crewe was inevitable, and he had to continue as he pleaded, or those who had been deterred by his fangs would rush up like a pack of maned dogs.

Brooklyn gathered his thoughts as he flew next door, listening intently to Benjamin's cross-examination. The defendant has just presented the contract signed with the paying user as evidence, and now it is Benjamin's turn to cross-examine it.

"First of all, we need to clarify what the subject of this contract is." Benjamin strolls through the jury with a copy of the contract.

"Paying Subscribers vs. Broadcasters." Benjamin asked himself

"This is a contract between a paying subscriber and a broadcaster." He opened a copy of the contract and read

"The contract stipulates that subscribers will pay the broadcaster $70 per month, and the broadcaster will open a paid channel to the subscribers."

"The payment method is automatic deduction from the bank account, and the bank will mail the monthly deduction fee to the user in the form of a bill, and send the receipt part to the bank after the user signs to confirm the payment."

"The acknowledgment part will grant the bank temporary permission to transfer $70 from the user's bank account to the broadcaster's dedicated account."

"After receiving a payment reminder in the broadcaster's dedicated account, a paid channel will be opened for paying subscribers."

"The paying subscriber has the right to terminate the payment to the bank at any time, and once the paying subscriber terminates the payment, the broadcaster will cease to provide services to the paying subscriber starting from the next month after the date of termination, that is, open a paid channel."

"If the paying subscriber does not make any termination of payment, the broadcaster will default to the paying subscriber continuing to perform the contract." Benjamin finished reading, paused for a moment, giving everyone time to think before speaking

"I'm sure all of you have signed similar contracts with broadcasters, and even if they weren't, they could be A, ABC, Disney, Netflix...... Whatever it is, the content of the contract is basically the same. ”

"From the payment provisions of this contract, we can see that the contract between the paying subscriber and the broadcaster is essentially a contract of sale. Paid subscribers pay $70 per month, and broadcasters offer paid channel services to paying subscribers. ”

"The paying subscriber is the buyer, and the broadcaster is the seller."

"The contract also stipulates that the buyer has the right to terminate the purchase at any time, and the cessation of performance of the contract is marked by the fact that the paying user will no longer pay the $70 per month."

"But what we are talking about today is that the buyer has already paid the money, continues to perform the contract, and the purchase is carried out, and the seller has also received the payment and paid the buyer for the goods, that is, the opening of the paid channel, and then the matter."

"That is, we are talking about the situation when the buyer is not satisfied with the goods provided by the seller after the contract of sale has entered into force and the purchase has taken place."

"The circumstances are not expressly provided for in this contract and are not specified. As a sales contract, it does not even stipulate a penalty clause for breach of contract in the event of a breach of contract by one party. ”

"The defendant broadcaster brought this contract as evidence, and I don't see what it could do. Does it mean that both parties have signed a sales contract? Benjamin smiled, held the contract in his hand, and shook it.

His idea is simple: it is a contract of sale and purchase, which stipulates how the parties will conduct the transaction, and there is no provision for post-transaction behavior, nor for the situation of dissatisfaction or repudiation of one party.

And now the point of disagreement between the two parties is that the buyer is not satisfied with the goods after the transaction. And not a problem in the middle of the transaction.

The defendant's request for this contract as evidence is simply to use the sword of the previous dynasty to behead the officials of the current dynasty, and it is not applicable.

The words were so plain and straightforward that they caused a burst of laughter. Everyone understood. Benjamin casually flipped through the copy of the contract, then held it up to show it to the jurors, and made a look of abruptness.

"The contract shows the pay-per-view program list to paying subscribers in a form-only form, check it out here." He pointed to a line below the program

"For reference only, the specific content and form of the program may be quite different from this program." Then he searched according to the map and found the program at 8 p.m. on the program list.

"Swapping Snoopy for an adult show is a big difference." He turned to walk to the plaintiff's bench, and Jason Bull pulled out a color A4 sheet of paper from his bag and handed it to him.

Benjamin placed the A4 paper next to the program list on the copy of the contract for comparison.

"The program shows that 8 to 9 a.m. is news, and after our actual investigation, we found out that now 8 a.m. to 9 a.m. is a program that teaches Mexican food, and they call it 'Happy Kitchen.'"

"From nine o'clock to half past eleven o'clock, it is a replay of The Voice, which is actually a tertiary film program called 'New York Harbor Love'."

"Noon is an hour of news time, and it's actually a talk show."

"In the afternoon, it's TV time, and it's actually about broadcasting all kinds of games, sometimes it's the NBA, sometimes it's the NFL, sometimes it's the tennis game......"

"The evening is Snoopy, which is actually an adult show."

"From half past nine to half past eleven in the evening is the time of the TV series, this has not changed, thank God, there is finally a program that is worthwhile."

"Twelve o'clock to three o'clock in the morning is an adult show, well, this hasn't changed now."

"There are 24 hours in a day, and the programme list lists 13 television programmes, which in reality range from 12 to 15. Only 2 of them can be matched with the program list. ”

"Is this program really referential?" Benjamin handed Winston a colour-printed A4 paper with the contract and motioned for it to be circulated in the jury from Winston onwards, and he continued

"I wanted to eat oranges, so I bought a box of oranges online, only to find out that it was a box of apples. I complained to the mall: I obviously want to buy oranges, and the picture displayed in your product is also oranges, why did it become an apple? ”

"The mall replied to me: oranges and apples are both fruits, the same."

"As a result, my wife is allergic to apples, and this box of apples called oranges has hospitalized my wife, and I am going to claim compensation from the mall, and the mall told me that we have a sales contract, and if you agree to pay, you agree to buy apples."

"Is that reasonable?" Benjamin walked back and forth, finally standing in front of Winston and spreading his hands

"Is that reasonable?"

"What if one day the mall gives me a box of stones? Anyway, oranges and stones are products of the earth. Benjamin was in a relaxed state, and he cross-examined in a humorous and witty way that was very different from the previous ones, and it was easy to stir everyone's emotions.

As far as Brooklyn could see, everyone on the jury except for Winston had already begun to shake their heads.

Winston stared at the contract and A4 paper that had been circulated around and then returned to him. Benjamin approached Winston and gently pulled out a copy of the contract and paper

"Such a simple truth, I think everyone should be able to understand it."

"It's just that the broadcaster has packaged it layer after layer, making it look complicated and unfathomable, but in fact its core is very simple, and it's the same as when we buy online." Winston wasn't fooled, he just glanced up at Benjamin and continued to look down in thought.

Brooklyn looked at Winston, who had become the focus of the jury, and silently shook his head in his heart. Benjamin, no, it should be Jason Bull's ATC, they have seen that the toughest on the jury is Winston, because Winston has a stake in A, which is naturally closer to the broadcaster.

So they took advantage of the moment to stun everyone, exposed Winston, a sober man, and made him look inconsistent with everyone, and then let the jury isolate him.

It's a simple little trick to manipulate the jury. The isolated Winston will not be supported by others, and his voice in the jury will be reduced to the freezing point, which will favor the plaintiffs in their fight for victory.

Does what Benjamin said make sense? Actually, there is a little bit of truth. It is true that the contract with the user is a sales contract, and the current dispute does occur after the sale and purchase.

But Benjamin did not tell anyone what would be the standard if there was no provision in the sales contract.

The others were led by Benjamin to the rhythm and thought he was right and did not think of this. Winston had seen more of the scene and was not taken away by Benjamin, so he became an outlier.

Let's look at the defendant's side. Bruno did not rush to speak, he waited patiently for Benjamin to finish it all, rather than immediately getting up and objecting the moment he noticed this loophole in his thinking.

There are pros and cons to doing so. The downside is that it will allow Benjamin to calmly lay out, fill in the gaps, and plug up all the areas that could cause trouble.

For example, the color printing paper he took out later. The advantage is that this can fully expose the plaintiff's defense ideas, so that the defendant can see the overall situation and see clearly where the plaintiff wants to attack.

For example, Benjamin pointed to the contract itself, and wanted to fundamentally pry the transaction contract between the user and the user, so that it would become a contract with the possibility of fraud, and then the court ruled that the contract was invalid.

Once the contract becomes invalid, it will face huge losses, and everything it does based on the contract will become non-compliant and legal.

Broadcasters will also be labelled as fraudulent. This would be something more serious than paying $5,000 per paying subscriber.

Jeffrey was clearly aware of this, and by the time Benjamin mentioned the nature of the contract, he had already sat up straight, and his originally lazy expression had become extremely serious.

Bruno also realized this when Benjamin gave the example of online shopping.

"Does the defendant need to add?" After Benjamin returned to his seat, Brooklyn asked.

"Yes." Bruno got up and walked to the jury.

"What the plaintiff said was reasonable, but he overlooked one point." He picked up a copy of the contract and knocked it

"What the plaintiff did not tell everyone was how to determine a situation when it did not provide for it in the contract."

"If the contract were to list the sale and purchase, the method of payment, the buyer and the seller, and everything that happened after the sale, I think the contract would be hundreds of feet thick."

"It takes a long, long time just to read such a contract, how else can we buy and sell transactions?"

"The law has long supplemented the circumstances that are not listed in the contract, we just need to follow the ......"

"Your Excellency, Judge." Bruno was about to speak vigorously when Jeffrey, the representative of the broadcasting company, suddenly stood up and interrupted.

"We have applied for an adjournment. We need to verify the authenticity of the actual program list provided by the plaintiff. Jeffrey pointed to the color printing paper in Bruno's hand.

That's a reasonable but idiotic reason. 's paid channels are there, and thousands of people watch them every day, and if the number of viewers is accumulated, it is estimated that it will already be billions or even tens of billions.

There is simply no way Benjamin could lie about such a thing. However, it is the defendant's legal right to verify the authenticity of the actual program list.

"Your Excellency, Judge." Benjamin also stood up. Finally let the prey fall into the trap, how could he be willing to watch the prey break free.

"I don't think it's necessary. There should be users of the paid channel on the site, and we can verify it on the spot. ”