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The Research On The Civil Liabilities Of The Price-cheating In Commodity Apartment Domain

Posted on:2008-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2166360215987210Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The price-cheating of commodity apartment means in the salesdomain of commodity apartment the behaviors that the real estatesoperators utilize to cheat the consumers, using the inapprehensive orillusive prices. The price-cheating of commodity apartment is one of thereasons that make the price of commodity apartment extraordinarily high.Under the marketing background that the price of commodity apartmentrises excessively, studies of the civil liabilities are of practicalsignificance.Such cheating lies in the following aspects: violating the givenprices, bidding up the prices, huffing covertly by way of the low quality,the area synaeresis, cheating ads, cheating agency, etc. The objects of thecheating-price of commodity apartment include the true feelings power,independent option, fair deal power and so on. Essentially, these rightsinclude both the human rights and the civil rights. Violations of theserights may bring civil liability.In the different situations, the natures of cheating price ofcommodity apartment civil liability are different. First, based on its owncharacteristics, The cheating price of commodity apartment generallycannot produce the responsibility due to breaking a contract; Second,once the contract has carried on in the consultation between consumersand the real estate operators. If contract is effective, the real estateoperators only undertake the torts liability to its cheating behaviors; If thecontract is invalid or abolished because of the cheating price, Then theerror responsibility and the infringing responsibility polymerization exists; Finally, if the consumer never has carried on the consultation with the realestate operator, then the civil liability will not happen.The forms of civil liability respecting cheating price mainly includereturning the property and paying indemnity for damages. Concerningundertaking the responsibilities, on one hand, when the contract goalscannot be realized because of the cheating price, the punitivecompensation can be applied; On the other hand, regarding the loss of theconsumers' benefits, the ways to establish the marketing pricesundertaking differences. Besides, concerning different cheating behaviorsthe ways to undertake the civil liability are different. However,coordination between the civil liability and the administrativeresponsibility must be paid attention to when determining legal liability.
Keywords/Search Tags:price deception, liability for negligence in contracting, opportunity losses
PDF Full Text Request
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