With the development of the economy and people's pursuit of quality of life, more and more people choose to buy cars to meet their needs. However, for those with average financial means, they may borrow a car from a friend, and this behavior can raise a large number of legal problems.
In this case, a man bought a new BMW, and his good friend asked him to borrow it to go home to show off, only to crash the car. Unexpectedly, this man not only did not compensate, but even bluntly said: "You sue me."
Because Mr. Zheng was about to get married, he squeezed out a down payment of 110,000 yuan, bought a BMW, and also made an official announcement on the circle of friends.
At this time, Mr. Zheng's good friend Li rushed over when he heard the news. Li said that he wanted to go back to his hometown for a blind date during the Chinese New Year, but he didn't have a car or a house, and he felt that he had no face in front of the woman, so he wanted to ask Mr. Zheng to borrow a BMW car and drive home, so that he could also "have a little face".
Mr. Zheng also laughed when he heard Li's request, and didn't say anything, so he let Li drive the car away.
However, the good times did not last long, Li had a car accident due to drunk driving, although others were fine afterwards, but the car was hit and almost scrapped, from the scene, the entire body was seriously deformed, and the car was knocked out of holes one by one, and it was no longer possible to drive.
And since the cause of the accident was the driver's drunk driving, the car cannot be insured. What's more serious is that drunk driving has long been criminalized, and if the East Window incident happens, the friend will also be held criminally responsible.
Since the car is not repaired well, it can only be sold to Li. Now I can only sell it according to the ** with a down payment of 110,000 yuan, and my friend only gave 90,000 yuan, and I don't want to give the remaining 20,000 yuan to Mr. Zheng no matter how I ask.
Li asserted: When you lent me your car, it was almost a year old, and it was not brand new. 20,000 yuan is calculated as depreciation and is not given.
Besides, the car has been crashed like this, and I will repay the loan for your car in the future, and I will pay off the debt to you. Mr. Cheng said that the negotiation did not lead to the legal process.
Li also immediately said that it didn't matter, he would sue if he sued, and there was no money anyway. It is also embarrassing that former friends are now turned against the court.
At present, there is no progress in this case, but there are many legal problems exposed, so let's take a look at it now.
In real life, there are many cases of infringement disputes arising from lending, and this case is actually a similar situation.
Although on the surface it seems to be a dispute case caused by the lending of a car between friends, in fact, the conflict occurs because the parties do not know enough about the relevant knowledge of the law.
Case study. Li borrowed a car from Mr. Zheng on the grounds that he didn't have a car to go home for a blind date. After Mr. Zheng agreed, his friend was able to use the car, and a kind of verbal agreement was formed between them.
Mr. Li borrowed Mr. Zheng's car, and he was obliged to use the vehicle reasonably and ensure that the vehicle was returned in good condition.
However, he failed to do so, constituting a breach of contract. Regarding the compensation for this car, it is not possible to get compensation from the car insurance company because the use of the vehicle violates traffic rules. Mr. Zheng could only sell the car to the perpetrator with a down payment**.
However, Li was reluctant to pay the down payment on the grounds that "the car is not new" and "the depreciation is mortgaged". But these reasons do not hold water.
If you damage someone else's things, you should pay compensation according to the market price. If there is a dispute between the parties about the amount of compensation, they can apply to the court for an award.
Mr. Zheng just lent the car to Li out of the mentality of helping, without any trading purpose. Therefore, the car cannot be used as a reason to defend against subsequent claims.
In summary, Mr. Zheng has the right to claim damages for breach of contract from the friend in accordance with the law, and to claim compensation for the infringement issues involved.
Drunk driving is a violation of the law, and the behavior of drivers driving a motor vehicle after drinking alcohol is very dangerous and can easily lead to traffic accidents and people**. In this case, although Mr. Zheng's friend did not cause personal injury to others, his act of drunk driving itself violated the criminal law and constituted the crime of dangerous driving.
Moreover, he destroyed Mr. Zheng's BMW because of drunk driving, and also violated the property rights and interests of others. Under the Penal Code, he faces criminal penalties of detention or a fine.
This case not only tells us to be cautious in making friends, but also to pay attention to the fact that when lending valuables, it is best to sign a simple rights and responsibilities agreement, and agree on the time node of the loan, the identity information of the person responsible, and the payment of liability for breach of contract, so as to avoid certain legal risks.