The dispute over the purchase of fruits and melons mediated before litigation

Weinan Politics and Law Network (special correspondent Li Yong) recently, Huayin City Judicial Bureau sued the mediation office to accept a typical dispute case arising from melon and fruit orders. After several efforts, the dispute caused by the order and sale of grapes finally came to an end at the end of the year, and both parties were satisfied and the case was closed.

In the early stage of mediation, the parties had their own opinions on the grape order, and the plaintiff sued the defendant for double return of the deposit in this case, and the defendant said during the investigation that he would also sue the plaintiff to compensate for the loss of grape sales price difference. After investigation, let's take a look at the relevant circumstances of this case.

On August 27th, the plaintiff paid the defendant a deposit of 5000 yuan and agreed on the price and organizing personnel to pick grapes and load the car. During this period, the plaintiff once told the defendant to pick grapes for loading, but after arriving in the garden, he found that the grapes could not meet the customer's requirements, so he informed the defendant that he had to wait a few more days, but the defendant was eager to sell the grapes and thought the original price was slightly lower, so there was a dispute. The defendant offered to rescind the agreement, and the plaintiff verbally agreed and asked the defendant to return the deposit, but the defendant hired someone to pick the bag to spend some expenses when he received the notice of loading, and the plaintiff did not perform the agreement not only did not refund but also asked the plaintiff to compensate for the loss of the price difference, the plaintiff had no choice but to resort to the court to ask the defendant to double the deposit back. In this regard, in view of the dispute focus and legal provisions of the parties, the first defendant and then the plaintiff did the work several times to clarify their interests and distinguish their responsibilities. The defendant realized that although the agreement had been signed, both parties had made it clear that the agreement had been rescinded, so the contract relationship was terminated, the rights and obligations relationship was terminated, and the money received should be refunded in accordance with the law. The plaintiff realized that after he informed the defendant to pick the grapes, the defendant actually paid for the employees and expenses, so he volunteered to bear the bag picking expenses lost by the defendant.

After efforts to coordinate the defendant to agree with the plaintiff's opinion to voluntarily return the remaining deposit in addition to the bag removal fee, the plaintiff also accepted the defendant's opinion, other claims were no longer claimed, and the case was successfully concluded in a harmonious atmosphere.

Dialectical analysis: first of all, we need to understand the difference between deposit and deposit as well as legal understanding. For deposit and deposit, their concepts are completely different, and the legal provisions are not the same. The term "deposit" means that in order to ensure the performance of the contract, in accordance with the provisions of the law or the agreement of both parties, one of the parties shall, at the time of the conclusion of the contract or before the performance after the conclusion of the contract, pay the other party money or its substitute in advance in accordance with a certain proportion (not more than 20%) of the target amount of the contract. The deposit contract is subordinate to the master contract, the premise of its establishment is that the master contract has been established and effective, combined with this case, that is, the "Hongti Grape Sale Agreement". The "deposit" is not explicitly stipulated in law, and its function is only limited to the nature of prepayment. Often appear in the housing subscription in the "deposit", its owners or compensation is only unilateral, is the buyer's guarantee to the developer. It is not clear whether developers will double if they default. If the developer breaches the contract, just refund the deposit.

To sum up, to create a good social atmosphere for learning, using and abiding by the law is what every citizen should do. in life, we will encounter many situations similar to this case, mainly in handling carefully and implementing basic civil acts in accordance with legal norms. in order to get a fair and reasonable civil effect. Operator: Ma Wenjing MZ012