Court of Home Zhang harbor sentences this " proposal of one-sided change contract " similar case cans be found everywhere! Just a lot of people want to be less than " engage in a lawsuit " thought fors the time being or be afraid of a trouble " arrange its nature " . Recently, oneself bought 3 years " contract fitness gets stuck " " gymnastical house " announce suddenly " shut a house to decorate " two months, inform all this embassies " have card " personnel changes to be in very far chain house fitness. Although everybody has " opinion " but understand it seems that, give u. If somebody learns the accuser dimension authority in this case, that is lively...
Reporter Ceng Xianjia
In June 2017, department signs Zhang Mou and new Luo Gong " member initiate agreement " , sign up the taekwondo course that attends new Luo Gong to manage, add up to 96, date of expiration is on December 30, 2018, the price is 9400 yuan. October 2017, zhang Mou and department of new Luo Gong signed a new agreement, continue to attend the taekwondo course of this company, do not be restricted frequency, date of expiration is in October 2022, the price is 28 thousand yuan. Department of new Luo Gong has two training house, and apart is further, the agreement agrees Zhang Mou divides a house to attend class in A. December 2017, because A divides house lease to expire, department of new Luo Gong informs Zhang Mou A to divide a house to renew the contract no longer, need change divides a house to continue to attend class to B. Zhang Mou feels distance of B cent house is further, will go disadvantageous, manage to new Luo Gong application stops course, return groom charge. Department of new Luo Gong did not grant after receiving application refund, zhang Mou to to lodge a complaint of court of Home Zhang harbor.
The court thinks via cognizance, sign according to both sides " member initiate agreement " , zhang Mou can choose to divide a house to attend taekwondo to groom in A, but department of new Luo Gong divides A the house to shut, student can attend in B cent house only groom, belong to home remedy to change a contract, already made break a promise. Adjudicate department of new Luo Gong is returned lawfully then return Zhang Mou to groom expend 28 thousand yuan.
The judge is commented on
In daily life, a lot of operator adopt what the member makes to manage mode, building sky goes with respect to the person after a few businessmen are collecting the debt that takes customer or be content of contract of home remedy change, these behavior damaged the rights and interests of consumer not only, still played havoc with normal market order. To this, contract law sets, party one party fulfills debt to perhaps behavior of other beak a contract sends indispose to achieve contract goal tardily, party can remove contract, after the contract removes, operator should return the charge that returns consumer to pay beforehand. Consumer is in when encountering similar consumptive trap, should rely on law to safeguard legitimate rights and interests.
