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Examples of the plaintiff's court arguments 1 Dear presiding judge and judge,
Through trial cross-examination, the legality, authenticity and relevance of the evidence submitted by the plaintiff to the court can be confirmed, and the defendant's breach of contract without prior notice is clear.
The defendant * * * charged the plaintiff a rent of 8,400 yuan, a deposit of 1400 yuan, and the plaintiff paid the repair fee of 193 yuan.
The defendant's breach of contract without prior notice caused direct losses to the plaintiff: 1, paying the agency fee for renting the defendant's house, 490 yuan; 2.650 yuan to pay the moving fee for moving out of the defendant's house; 3. Two days' delay in moving out of the defendant's house counts as 600 yuan.
? A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. ? If the defendant breaches the contract, cancels the contract without prior notice and causes losses to the plaintiff, he shall be liable for compensation, breach of contract and return in accordance with the law and the contract.
Because of the defendant's defense? Restore the original state? , the plaintiff thinks:
In the contract law, restitution is mainly applicable to the situation where the contract is invalid, cancelled or partially dissolved. By restitution, the rights and obligations of the parties can reach the state before the contract is concluded.
In the property law, restitution, as a claim for property rights, is intended to make the obligee restore the original dominant state of property.
In tort law, the loss of the obligee can be compensated by repairing, redoing and replacing.
The defendant regained control of the house and achieved his goal.
From contract law? Restore the original state? , it should be? Should the returned lease item be the nature of the lease item and the state after use? (Article 235 of the Contract Law).
What if the defendant's defense belongs to tort law? Restore the original state? . The plaintiff believes that the defendant has never informed the plaintiff by telephone, text message or other means, and this is the first time that the defendant has said so, and so far the defendant has not submitted evidence of his claim to the court. If the defendant believes that the plaintiff has committed an infringement, he may sue separately.
For the defendant's defense, if it belongs to the defendant? Appropriate measures should be taken to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation shall be claimed for the expanded losses. ?
According to Article 233 of the Contract Law, the defendant defended the gas water heater. If the lease item endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knows that the quality of the lease item is unqualified when concluding the contract. ? If the plaintiff proposes to terminate the contract, the plaintiff may terminate the act according to law and will not bear the liability for breach of contract. This case is the defendant's breach of contract, so the defendant should bear aggravated responsibility.
20xx65438+On February 7th, the defendant leased the house to Chen++(mobile phone: 1358565++) from Shanwei, Guangdong. I hope the defendant? People-oriented? , timely maintenance, replacement of gas water heaters, face up to the lives of others. On June 65438+1October 1 1 day, a woman, three men, two deaths and two injuries were caused by the gas water heater in Shiquanyuan community. On June 13, a gas explosion occurred in Jiuting Zia Hui Community, and six people were injured. On June 14, a family of three (senior three boys) in Xincun Road, Putuo District lost the shower that they had used for many years. Should attract the defendant's attention.
Is the cause of the dispute in this case really related to the safety of life and property of unspecified lessees and neighbors, or the defendant? I am the landlord. Who am I afraid of? Play? Horizontal? The defendant doesn't care? Money? . The defendant can't realize the harmfulness of his actions, and harming others is harming himself.
The defendant shall return the deposit and the repair fee paid on his behalf *** 1593 yuan; 900 yuan shall bear the compensation (payment in lieu of notice) that has not been notified 30 days in advance; Should pay the agreed liquidated damages 1400 yuan, and should also bear the legal costs of this case, 25 yuan.
Please ask the court to decide according to law.
Example 2 of plaintiff's court argument
Chen Guangwei Chen Yong
Dear presiding judge and people's assessor,
Only for the problems that need to be clarified among the many questions raised by the defendant, the following opinions are issued for the reference of the collegial panel:
(Question 1) What does the defendant argue? The plaintiff accidentally fell down and realized that the car was insured and took responsibility? problem The questions raised by the defendant are inconsistent with the facts.
1. After the defendant caused a traffic accident, the traffic police rushed to the scene, made an accident responsibility determination on the spot, and determined that the defendant was fully responsible for the accident. The traffic accident certificate signed by the defendant as evidence;
Secondly, since the plaintiff accidentally fell and was injured, why did the defendant take the initiative to send the plaintiff to the hospital and spend money on examination and treatment in advance?
Third, since the plaintiff accidentally fell and hurt himself, that is enough to prove it. Why did the defendant answer other questions? The defendant responded to the plaintiff's demands one by one, saying that the defendant was not oppressed;
Fourthly, if the plaintiff accidentally falls, the defendant says that he knows that the car is insured, and he takes the responsibility, and he also gives money to the plaintiff for treatment. The plaintiff still refuses to accept it and goes to court to sue others. It is not difficult for anyone with a normal reputation to draw a conclusion.
Obviously, the defendant's statement is unreasonable. The truth of the matter is: after the accident, the defendant knew the plaintiff's wife because the auto insurance expired, and asked the plaintiff for compensation with the plaintiff's medical insurance? Did you hurt yourself? Cheat social security to save money. Now that the two families have turned against each other, the defendant has no conscience. Take it? No? Nature is a serious violation of morality.
(Question 2) What does the defendant argue? The plaintiff transferred to the hospital without the consent of the public security organ? problem The question raised by the defendant violates the existing laws and facts.
First, since May 1 2004, a series of new laws and regulations, such as the Road Traffic Safety Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, have cancelled medical expenses. The public security organ agrees? And then what? Transfer card? As well as other conditions, as long as the victim provides medical evidence, the compensation obligor shall bear the burden of proof if he disagrees. The defendant caused an accident on June 5th+10/October 6th, 2005, and also filed a complaint according to the repealed Measures for Handling Road Traffic Accidents? The plaintiff transferred to the hospital without the consent of the public security organ? Does it make sense?
Second, everyone in Anshan knows that the comprehensive conditions of Anshan Central Hospital are not under Anshan Tiedong Hospital. Moreover, the plaintiff is the victim, without any responsibility, and his residence is only one or two hundred meters away from the central hospital. Is it necessary to go further and further?
Thirdly, since the plaintiff transferred to the hospital without authorization, why did the defendant take the initiative to rent a car to pick him up and pay the hospitalization deposit for him? Isn't this doubtful?
The truth of the matter is that the defendant took advantage of the convenience of knowing the plaintiff's wife because the auto insurance expired, and in order to shirk the responsibility, he planned to take immoral measures to trick the plaintiff into transferring to its designated medical insurance hospital, Anshan Iron and Steel Company Tiedong Hospital, and paid the hospitalization deposit on his own initiative. Besides, the defendant did benefit from it. The plaintiff was hospitalized for 12 days, and almost all the medical expenses were used by the plaintiff's personal account and the overall fund. In which: the plaintiff's personal account expenditure is 80 1.36 yuan; The overall payment was 574.32 yuan, and the defendant paid only 1 1.02 yuan in advance for the hospitalization deposit. However, the plaintiff never asked the defendant to compensate for the full payment. Obviously, the plaintiff abides by morality. The defendant really thinks. Design? If successful, immediately abandon the plaintiff and try every means to deny and make excuses, which is completely malicious evasion and shirking responsibility. It is also against morality and morality.
(Question 3) What does the defendant argue? Have you settled the nursing expenses? problem This is a complete lie of the defendant.
First, under normal circumstances, it is usually settled after taking care of it, and there is almost no advance payment.
Second, can the nursing fee be paid first when the nursing is not over, the nursing time is uncertain and the nursing staff can be fixed?
3. After the plaintiff was transferred to Tiedong Hospital of Angang, the defendant thought that? Settings? Success, right away? Turn your face? Confirm that the plaintiff was transferred to another hospital without authorization. Can you advance the nursing expenses for the plaintiff?
In fact, the plaintiff was injured on June 6, 2005 and began to hire someone to take care of him, which lasted until April 30 of the same year. The plaintiff really didn't expect it at that time. Defendant? Turn your face and be ruthless! ?
(Question 4) What does the defendant argue? The plaintiff has retired, does not belong to the working population, and there is no lost time fee? problem The question raised by the defendant is unreasonable.
First, it is not only permitted by law, but also protected by law that retired workers get paid according to law;
Second, retirement due to illness does not mean complete loss of working ability;
Third, the plaintiff is a senior intellectual. After retirement, it is extremely normal and legal to do what you can to get paid.
Fourth, many experts, professors and legal workers. They are all employed after retirement, even high-paying employment. This is a widely recognized social situation. Is it illegal?
Fifth, whether the plaintiff has the ability to work is not something that the defendant can determine.
(Question 5) What does the defendant argue? Invalid labor contract, perjury? problem The question raised by the defendant is completely subjective.
First, the labor contract signed by the plaintiff and the employer has a visa from the labor bureau;
Second, the "labor contract" norms;
3. Issued by the employer? The situation proves? And then what? Employee salary list? This is evidence.
(Question 6) About the defendant's argument? Does the employer declare to the relevant units that the technician has no plaintiff? problem
First, the employer fails to declare to the relevant units that the plaintiff is the right of the employer, which is also the internal affairs of the employer;
Second, at present, there is no legal provision in our country, forcing enterprises to declare their technicians to the relevant units completely and accurately;
Third, enterprises have the right to report or not to report to someone for their own interests and secrets and to protect talents without violating laws and regulations;
Fourth, provided by the defendant? Report? Can't prove that the plaintiff doesn't work in the employer;
Speech in court debate [Chen Guangwei]/
Fifth, the plaintiff provided the court with a labor contract. The situation proves? And then what? Employee salary list? Wait, it is the most legally effective evidence.
(Question 7) About the defendant's argument? The plaintiff's title does not match the title employed by the employer? problem
This question should be verified by the employer and the answer is the most accurate. In fact, we all know that in real work, there are too many people who are not engaged in this major, and there are also many people who change careers. And there is no hard and fast rule that what you do must be consistent with your professional title.
To sum up, the defendant's defense is completely unreasonable and evasive. I believe that the new judge of first instance is more discerning from right and wrong, more capable and wise, and will definitely make a correct judgment. As for other questions raised by the defendant, the agent's final statement is also an answer. I won't go into details here. My debate is over.
Authorized Agents: Chen Guangwei, Chen Yong.
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