In China, due to the continuous progress of society, the people's requirements for quality of life continue to improve, and more people have begun to consider the issue of buying a car. But if it is an ordinary family, you can only borrow a car from friends, which will cause a lot of legal disputes.
In this case, a man had just bought a BMW, and his friend wanted to lend it to him, and then broke the car. But the other party refused, and threatened: "You sue me!."”
In order to prepare for the wedding, Mr. Zheng scraped together a down payment of 110,000 yuan, bought a BMW, and hyped it on his social platform.
At this moment, Boss Zheng's friend Li rushed to the scene after hearing the news. Li said that he was going back to his hometown to find a partner, but he didn't have a car or a house, which made him very embarrassed, so he asked Mr. Zheng for a BMW so that he could "save face".
Master Zheng couldn't cry or laugh after listening to Li's request, and didn't say much, so he let Li drive away.
But Li had an accident because of drunk driving, although the person was safe, but the car was completely destroyed, as can be seen from the ** on the scene, the car was destroyed, and it was punched out of several holes, and it was unusable.
Moreover, because the driver is drunk driving, it is not possible to insure. What's even worse is that drunk driving has long been a crime, and once the matter is revealed, his good buddy will be legally responsible.
If this car can't be repaired, then give it to Li. Now I have to pay the price of 100,000 sets**, but my friend only paid 90,000, and the remaining 20,000 yuan refused to ask Mr. Zheng no matter what.
Li thinks: "Your car has been used for nearly a year, and it is no longer a new car. "It's a big investment.
Also, your car was smashed, and I'll help you pay it back. Mr. Cheng said that if the negotiations failed, he would enter the judicial process.
Li didn't care about it immediately, just sue him, after all, he didn't have anything to lose. It's a pity that a former good friend turned his face in court.
There has been no progress in this case for the time being, but there are many legal issues involved.
In practice, there have been a number of cases of civil litigation arising from lending, and this lawsuit is in fact a similar situation.
This seems to be just a dispute caused by a friend borrowing a car, but in fact it is the result of a lack of understanding of the relevant aspects of the law involved by both parties.
Case analysis. Li asked Mr. Zheng to borrow a car, saying that he was going to a family gathering, but he didn't have a car. After Mr. Zheng agreed, his friend would be able to use the car, so a verbal agreement was reached.
Li borrowed Boss Zheng's car, and should use the car rationally and ensure that it is intact.
But he did not do so and therefore violated the contract. As for the car claim, the car could not be compensated from the car insurance company because it was driving illegally. Boss Zheng had no choice but to take the car in full.
However, Li refused to pay the down payment on the grounds that "the car is not new" and "there is depreciation". However, such a reason cannot be established.
Damage caused to other people's goods should be compensated according to the market. If the parties have any objection to the amount of compensation, they may request the court for mediation.
Mr. Zheng handed over the car to Li purely to help him, and had no other intention to trade. Therefore, he cannot use the new car as a reason for compensation.
Based on the above circumstances, Mr. Zheng has the right to request him to terminate the contract and claim for the infringement involved in him in accordance with the law.
Drunk driving is a crime, and drunk driving is a very dangerous behavior, which can easily lead to car accidents and personal injury. According to the relevant laws and regulations of our country, drunk driving is a crime and should be criminally responsible.
In this case, although Zheng's friend did not cause death, his drunk driving had violated the Criminal Law of the People's Republic of China and was suspected of dangerous driving.
What's more, he also crashed into Boss Zheng's BMW and infringed on other people's property. By law, he could be sentenced to imprisonment or a fine.
This case not only reminds us to be cautious when choosing friends, but also to remember to sign a simple contract of rights and obligations when lending precious items, clarifying the time of lending, the identity information of the responsible person, and the compensation for breach of contract, so as to avoid some legal risks.