Buying rooster seedlings, supporting "degeneration" ... Who will be responsible for losses?

The farm purchased a batch of rooster seedlings from the poultry company, and planned to sell it after cultivation. Who knows that after 20 days, I found that it was almost all hen seedlings! Is the poultry company breach of contract? Or does the farm not fulfill the obligation of inspection? How to share the losses?

The reporter was informed today that after the Guangzhou Baiyun Court tried the case, it was judged that the poultry company constituted a breach of contract, and the economic loss of the farm was 18,000 yuan. The second instance of Guangzhou Central Court maintained the original sentence.

After buying rooster seedlings, 95%found that 95%were hen seedlings

On June 23, July 2, 2021, Pumou farms purchased two batches of chicken seedlings from the chicken seedlings supplier Fengmou Poultry Company, and the chicken seedlings agreed on the two sides were all cock seedlings. After buying it for more than 20 days, the farm saw that most of the chicken seedlings were hen seedlings, so they complained to the relevant departments.

After identification, 95%of the chicken seedlings provided by the poultry company are hen seedlings and only 5%are rooster seedlings.

The farm signed a chicken seedlings' "Sale and Sales Contract" with outsiders on June 9, 2021. 95%of the hen seedlings in the chicken seedlings provided by the poultry company caused unable to deliver, resulting in economic losses. When negotiating with the poultry company, it was unsuccessful, and then sued the court to ask for compensation for losses.

The poultry company argued that he did not agree with the demands of the farm. Before delivery, all chicken seedlings were "tested", but the inspection process did not confirm the farm. Even so, the farm can dissect a chicken seedlings to test the male and female after receiving the goods, and the farm has objections more than 20 days after receiving the goods. It has been more than 7 days of objections.

Baiyun Court's first instance judgment: Poultry companies compensate for the economic loss of 18,000 yuan for the farm. After the sentence, the poultry company appealed, and the second instance of the Guangzhou Intermediate People's Court sentenced: rejected the appeal and maintained the original judgment.

Judge said: Enterprises should operate honestly and perform actually

According to the supervisor, the poultry company ordered the poultry company to order chicken seedlings, and the poultry company received the payment to the farm after shipping the farm. So, does the behavior of poultry companies constitute a breach of contract?

In this case, the two parties confirmed that the poultry company should provide all cock seedlings to the farm, but according to the proof of the farm, 95%of the chicken seedlings provided by the poultry company are hen seedlings. To this end, the poultry company argued that the "anal test" had been performed before the delivery, all of which were rooster seedlings, and the objection proposed by the farm had exceeded the inspection period and did not provide any evidence to confirm it.

After review, the two parties did not agree on the period of inspection of the chicken seedlings; the chicken seedlings were living, and the professional inspection methods could not be accurately distinguished when they were young. Yu Tiancai distinguished the common sense of public and mother; dissecting the conventional way of inspecting the male and female male and female, and it was impossible to distinguish the male and female by dissecting all the chicken seedlings.

The breach of contract of poultry companies has caused the purpose of the farm contract to be unrealized, and the poultry company should compensate for the losses of the farm due to breach of contract.

According to Article 584 of the Code of the People's Republic of China, the principle of determination of the liability for liability for default damages mainly includes actual loss compensation and expected loss compensation. The latter refers to the loss of losses than the losses that may be foresee or should be foreseen due to the possible losses caused by the breach of contract.

In this case, the poultry company requires the poultry company to compensate its economic losses in accordance with the "Chicken Seed Sale Contract" signed with the third party, involving the rules of expected losses, and the poultry company has not disclosed the contract to the poultry company. When concluding a contract, it is not foreseeable or should be foresee that the economic losses caused by the farm that cannot fulfill the farm in the "Chicken Morning Trading Contracts" caused by the breeding farm that cannot fulfill the "chicken seedlings". Therefore, the contract cannot be used as the basis for the amount of compensation for the loss of compensation.

In summary, the court combines existing evidence to comprehensively consider the performance of the two parties, the fault size of the poultry company, and the expected benefits of the farm can be made.

Here, the judge reminded that integrity operation is the core competitiveness of the development of enterprise. As a market entity, whether it is a large enterprise, or small and medium -sized enterprises, it must be kept in mind that integrity is gold and law -based. Enterprises should always run the integrity and trustworthy through the production and operation, do honesty operations, fulfill their contracts, and avoid "losing money."

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Yunfa Xuan Guangzhou Daily · Xinhuacheng Editor: Zhang Yu

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