In Guangdong, an aunt saw a cardboard box at the top of the staircase, and no one cleaned it up for a long time, thinking that it was not wanted, so she picked it up and sold it. Unexpectedly, I was sued to the court and claimed 17837$5. Aunt: I just picked up a cardboard box, and I was asked to pay more than 10,000 yuan, which is too wrong! The court has decided!
1. Review of the case
An aunt in Guangdong, after her wife died, her daughter took her to her home. Help her daughter pick up and drop off her grandson from school and cook. The aunt was too idle, so she went to collect scrap and sell it for money. The aunt's daughter told her that it was good for you to watch TV at home and play cards, and not to collect scrap, and you couldn't make a lot of money.
But Auntie just can't be idle. Every day after my grandson goes to school, he goes to collect waste. One day, she saw a cardboard box at the top of the staircase, which was left on the ground for several hours without anyone cleaning it up, so she thought that no one else wanted it. She picked up the cardboard box and looked at it, put it back on the ground and stepped on it with her feet, folded it and sold it.
The next day, my aunt received a ** from the police station and asked my aunt to go to the police station. It turned out that the cardboard box that my aunt picked up yesterday was a limited edition famous painting purchased by the owner upstairs. At that time, after the owner of the upstairs received the express, he opened the box and checked it on the spot, and put it at the door.
The owner was about to take the carton back to the room, but he didn't expect the **ring, and the family in the countryside called**, saying that a relative in his hometown had an accident and asked her to go back and deal with it immediately. She was in a hurry, and she didn't have time to take the cardboard box back to the house, and when she came back in the evening, she found that the cardboard box placed at the door was missing.
She checked the monitoring and found that it was taken by the aunt, and the items in the carton were worth 17,837$5. The owner upstairs took out the shopping invoice and demanded compensation from the aunt.
When the aunt heard it, she needed to compensate 178375 yuan, mad, said that the carton has been placed at the staircase for a long time, and I haven't seen anyone take it into the house, I thought it was a waste carton that I didn't want, so I picked it up and sold it.
I'm a countryman, I don't know what a limited edition painting is, I thought it was an expired calendar. You threw it away. Besides, it's just such a thing, and it actually wants 178375 yuan, are you trying to blackmail me?
The owner of the upstairs could not negotiate with the aunt, so he sued the aunt to the court, demanding that the aunt compensate for the economic loss of the goods 17837$5.
From a legal point of view, how will the court decide?
2. Case analysis
According to the relevant provisions of the Civil Code, if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.
In this case, the aunt did not confirm whether the carton was not wanted by others, took it without authorization, and sold the carton for money, and her behavior infringed on the rights and interests of the upstairs owner, causing losses, so she needs to be liable.
The owner of the upstairs did not take the cardboard box containing valuables into the house in time, and the aunt was old and did not understand what a famous painting was, so she mistakenly thought that the contents of the carton were waste and threw them away. The owner is also at fault and also bears part of the responsibility.
In addition, according to the relevant provisions of the Civil Code, if the property of others is infringed, the property loss shall be calculated according to the market or other reasonable methods at the time of the loss.
In this case, the value of the upstairs owner's belongings was worth 17,837$5. She provided purchase invoices, electronic bank transfer receipts to prove the number and amount of items thrown away. Therefore, it is also reasonable to calculate its value based on the invoice provided by the owner.
In the end, the court ruled that the aunt should bear 60% of the responsibility and compensate the owner 10702$5.
The enlightenment of this case to us: First of all, it is too common for uncles and aunts to pick up cartons as scrap and sell them as scrap in daily life, but we must ask clearly and confirm that we don't want cartons before we can clean them up, and don't just pick up and sell them when you see them.
Secondly, we should be cautious about items that we don't understand to avoid unnecessary losses due to misunderstandings. In addition, as owners, we also have the responsibility to pack our belongings in a timely manner to avoid misunderstandings and disputes for others.
In daily life, mutual respect, understanding and communication are important ways to resolve disputes. When similar situations arise, we should actively seek reconciliation and seek understanding and tolerance on both sides. Only through equal and rational dialogue and consultation can we find a just and reasonable solution and maintain good interpersonal relations and social harmony.
What do you think of this case? Comments are welcome.