In daily life, civil disputes are inevitable and involve a variety of issues, such as contract disputes, labor disputes, marriage and family affairs, private loans, traffic accidents, work-related injury compensation, house lease, etc. It takes a lot of time and effort to solve these problems, but now, we have a brand new solution: Knowing AI Question Answering.
Zhiwu AI Q&A is a highly intelligent artificial intelligence assistant with a rich knowledge base and intelligent analysis capabilities, which can quickly locate problems and provide high-quality answers and guidance. Especially in civil disputes, he can solve difficult problems for you.
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contractual dispute
When you encounter doubts, breach of contract, etc. when signing a contract, or need to interpret and implement the contract, know whether AI Q&A can help you solve the problem and provide you with professional advice and guidance.
Description of the case : I bought 2 air conditioners in a shopping mall. Due to the merchant’s pricing error, the price was 1,000 yuan lower than the market price. One month after the air conditioner was installed, the merchant asked to pay the difference of 2,000 yuan.
Analysis and answer: According to your description, there is an obvious mistake in the pricing of the air conditioner, and the merchant should bear the responsibility. According to the provisions of the "Contract Law of the People's Republic of China", the principles of voluntariness, equality, good faith and fairness should be observed in the process of conclusion, performance or modification of a contract. Merchants make mistakes in pricing, resulting in a large gap between the market price and the actual transaction price, and the merchants cannot unilaterally demand to pay the difference. It is recommended that you communicate with the merchant to explain the merchant’s mistakes in this transaction and the resulting consequences. If the merchant refuses to resolve it properly, you can protect your rights through legal channels. It is best to keep relevant evidence, such as contracts, invoices, correspondence records, etc., for emergencies.
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labor dispute
When disputes arise between the two parties such as wages, overtime, and contract termination, Zhiwu AI Q&A can quickly analyze the problem and combine legal knowledge to provide fair suggestions and solutions for both parties.
Description of the case : Zhang is an employee of a certain company. He was injured at work on April 15, 2019, and was assessed as a sixth-grade disability. The industrial accident was identified as a safety production accident by the emergency management department. The two parties had a dispute over whether a certain company should bear the tort liability again, and Zhang sued the court.
Analysis and answer : According to the information you provided, Zhang was rated as a sixth-grade disability due to work-related injuries, and has received work-related injury insurance compensation of 191,194.06 yuan. If an industrial accident is identified as a production safety accident by the emergency management department, then legally, there are certain problems with the main responsibility of the enterprise for production safety, so a certain company has a certain infringement. In this case, Zhang can sue a company for infringement and demand that the company compensate him for various losses caused by work-related injuries. It is suggested that during the litigation process, Zhang should present relevant evidence such as hospital medical certificates, work-related injury appraisal certificates, and insurance company compensation certificates related to work-related injuries to prove his legitimate rights and interests. On-site inspection records and other evidence proving that a company has infringed. Finally, it is recommended that Zhang consult a local lawyer to obtain more detailed and specific legal advice.
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Marriage and family affairs
Whether it is divorce, child rearing, domestic violence, property distribution and other issues, Zhiwu AI Q&A can provide you with professional psychological support and legal guidance.
Description of the case: Ms. Wang and Li have been married for 3 years and are planning to divorce due to emotional discord. Two years ago, Li's parents invested 300,000 yuan to buy a house, and the property rights were in the name of her husband Li. When they divorced, they had a dispute over the ownership of the house. Her husband Li believed that the house under his name was purchased by his parents and should belong to him. And Ms. Wang thought that what he said was unreasonable, and the real estate should be divided equally.
Analysis and answer: According to the provisions of China's Marriage Law, the real estate purchased by the spouses during the marriage should be regarded as the joint property of the husband and wife. As for the real estate under Li's name, although the property right is in his name, it was purchased by his parents and purchased during the marriage relationship. Therefore, it should be regarded as the joint property of the husband and wife at the time of divorce.
Since it is the joint property of the husband and wife, it should be divided equally according to the actual contributions and actual needs of the divorced parties through negotiation or litigation. Therefore, in terms of resolving property ownership, it is recommended that the husband and wife communicate and negotiate to reach an equal and fair property division agreement, so as to avoid unnecessary property loss and emotional injury caused by the litigation process.
At the same time, it should be reminded that this answer is for reference only and cannot replace formal legal advice. It is recommended that you consult a local legal professional for more specific guidance and divorce procedures.
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private lending
For issues related to borrowing and repayment, Zhiwu AI Q&A can help you identify whether there is legitimacy, how to solve it, and how to protect your legal rights.
Description of the case: I am Xiao Ming, from China, born on November 20, 2011. On May 5, 2016, I lent 5 million to my friend Xiaomei. Now Xiaoguan hasn't paid me back, what should I do?
Analysis answer:
1. Xiao Ming is a minor, and the law stipulates that he is a person without capacity for civil conduct. Therefore, legally, Xiao Ming cannot sign contracts with others, including loan contracts. However, if in fact Xiao Ming can prove that he signed the contract with Xiao Mei through improper means such as fraud, misleading, coercion or rape, then this contract may be ruled invalid.
2. Regarding the loan interest rate, according to the relevant national laws and regulations, the maximum interest rate shall not be higher than four times the bank loan interest rate for the same period. If the interest rate agreed in the actual contract is higher than the above standard, this part of the interest may be deemed invalid. Therefore, if the interest rate agreed in the contract between Xiao Ming and Xiao Mei actually exceeds the statutory standard, the highest interest rate stipulated by law shall prevail.
3. For Xiaomei's failure to repay the loan, some relevant evidence needs to be provided. For example, loan agreements, loan invoices or receipts received, bank transfers or cash transaction records and other relevant evidence that can prove the lending behavior of both parties. In addition, relevant communication records during the default period can also be used as evidence. Through these evidences, Xiao Ming can bring a lawsuit to the court and demand the recovery of the loan and interest.
In short, if Xiao Ming has the right to borrow money in the actual loan contract, he can take legal channels to recover the arrears. At the same time, Xiao Ming should also consider and verify the contract agreement with Xiao Mei to determine the legal nature of the loan amount and interest rate. For lawsuits such as private lending, it is recommended that you consult a professional legal institution or local legal advisor.
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traffic accident
When you encounter a traffic accident on the road, the quick guidance and solutions provided by Zhiwu AI Q&A will help you solve the problem and protect your rights and interests.
This kind of case should be relatively straightforward. If you go to the police uncle, there will not be too many disputes and problems. no examples
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workers compensation
When you suffer an accidental injury at work, Zhiwu AI Q&A can not only tell you the corresponding compensation standard, but also assist you in completing the entire compensation process.
Description of the case : On October 10, 2018, the plaintiff was injured in the process of providing labor services, and the doctor ordered him to rest for three months. On April 15, 2020, it was identified as a work-related injury, and later identified as a tenth-grade disability. The defendant did not compensate the plaintiff, so the plaintiff went to the court to demand that the defendant compensate for its losses. The defendant argued that there was no labor relationship between the plaintiff and the defendant, and that the defendant company subcontracted the carpentry services to Liang, who was not involved in the case, and Liang was responsible for arranging the work, attendance and payment of wages for the carpenters including the plaintiff, so the defendant should not compensate the plaintiff for his injuries. .
Analysis answer:
1. Determination of labor relations
According to your description, the defendant argues that there is no labor relationship between the plaintiff and the defendant, which is the key issue in the dispute between the two parties.
According to the relevant provisions of the "Labor Contract Law of the People's Republic of China" (hereinafter referred to as the "Labor Contract Law"), the labor relationship should have the following three basic elements: the laborer, the employer, and the labor contract. If these three elements exist at the same time, then it can be determined that there is a labor relationship.
In your case, the plaintiff was injured in the process of providing labor services, and the defendant company subcontracted the carpentry labor services to Liang, who was not involved in the case, and Liang was responsible for arranging the work, attendance and salary payment of the carpenters including the plaintiff. Based on these circumstances, further investigation and verification is still needed to determine whether there is an employment relationship between the plaintiff and the defendant.
2. Work-related injury identification and compensation issues
The plaintiff was injured in the process of providing labor services, which was determined to be a work-related injury, and the defendant did not compensate the plaintiff. This is the compensation that the defendant needs to pay.
According to the relevant provisions of the "Labor Security Law of the People's Republic of China" (hereinafter referred to as the "Labor Security Law"), employers shall pay work-related injury insurance premiums in accordance with the standards and procedures stipulated by the state. The death, disability and living expenses of employees caused by work reasons shall be paid by the industrial injury insurance fund.
Therefore, you can ask the court to order the defendant to pay the plaintiff workers' compensation.
3. Procedural issues
If you are preparing to sue, here are some things to consider:
First, confirm the specific identities and addresses of the plaintiff and defendant, as well as the evidence and witnesses that may need to be called.
Secondly, prepare a detailed complaint, clarify the claims and basis of both parties, and prepare relevant evidentiary materials.
Finally, it is necessary to pay attention to the litigation procedures, including the requirements and processes of filing, proof, court hearing, and judgment. It is recommended to consult a local lawyer or legal aid service center before suing to understand the specific process and precautions.
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Realtor
When you are faced with the unspecified terms of the lease contract, the issue of the rental deposit, etc., know whether AI Q&A can tell you the corresponding laws, regulations and suggestions.
Description of the case: On February 8, 2018, Wang signed a "House Entrusted Lease Agreement" with a real estate brokerage company (hereinafter referred to as a company) for a house. The entrusted lease period is from February 15, 2018 to February 2021 On the 14th, the first 90 days from the entrustment period of the house was a rent-free period, and a company used it for free without paying rent to Wang. After the agreement was signed, Wang delivered the house involved in the case to a company, and the company paid rent to Wang until February 15, 2019.
On January 27, 2019, Wang and the staff of a certain company went to the house involved in the case to negotiate lease matters. A certain company proposed to terminate the lease agreement signed by the two parties. The two parties failed to reach an agreement. Later, the staff of a certain company left the house key on file Go to the house and leave. On February 20, 2019, Wang called a certain company to ask whether he would continue to lease the house involved in the case, and the certain company stated that he would no longer lease it.
In May 2019, Wang sued a certain company to the court, demanding that the company pay 5,400 yuan in liquidated damages and compensate 5,200 yuan in house rent for the two-month rent-free period.
Analysis answer:
1. Regarding the termination of the agreement: According to the description, the two parties did not reach an agreement, and the staff of a certain company left the house key at the house involved in the case and left. This method does not comply with the law. The two parties to the lease should reach an agreement in a legal form and sign a termination agreement to be counted as the termination of the agreement. Therefore, you can maintain the status quo and not consider the tenancy agreement terminated.
2. Regarding the rent: According to the information you provided, a company paid the rent from February 15, 2018 to February 15, 2019, but since February 15, 2019, the company has not paid the rent, nor has it agree with you. Therefore, if under normal circumstances, the lease agreement stipulates the amount of liquidated damages when it is terminated before the due date, the liquidated damages should be calculated in accordance with the method and standard stipulated in the unexpired lease contract. Determine the amount of liquidated damages. At the same time, regarding the request for a company to pay 5,200 yuan for the house rent for the two-month rent-free period, I suggest that you go to the court to file a lawsuit, and the court will make a ruling based on the local laws and the facts of the case.
| Product Experience |
The above screenshots are all from our AI assistant: Zhiwu AI Q&A , a platform based on OpenAI’s GPT-3.5 version, which provides professional, high-speed, and stable copywriting and question-and-answer functions. One-click login by scanning the WeChat code, no other complicated verification is required, and new users can try it for free for 3 days.