One day, Guo bought a kitten through the Internet and loved it very much. However, the kitten foamed at the mouth and died within a few days. The big cat he raised fell ill and was hospitalized the next day. He was very sad and died within a f...
One day, Guo bought a kitten through the Internet and loved it very much. However, the kitten foamed at the mouth and died within a few days. The big cat he raised fell ill and was hospitalized the next day. He was very sad and died within a few days after resuscitation failed. He went to the seller to argue but was blocked...
Below we will use a real case represented by Hu Suwei of Guangdong Guohui (Beijing) Law Firm to see how Guo's legal rights and interests are protected.
On October 30, 2020, Guo purchased a kitten from Fu for 2,000 yuan. The two parties made physical delivery at around 10:30 pm on October 31 at a station in Beijing.
On the morning of November 6, 2020, the kitten died of foaming at the mouth. A big cat raised by Guo was admitted to the hospital for examination due to illness, and was confirmed to have feline plague, and was hospitalized on November 8. At 20:00 on November 8, the pet hospital issued a critical illness notice. The big cat died of illness on November 11.
Guo believed that Fu failed to conduct quarantine in accordance with regulations before delivering the kittens, causing him to suffer losses, so he filed a lawsuit in the People's Court.
In this matter, Guo entrusted lawyer Hu Suwei of Guangdong Guohui (Beijing) Law Firm to represent him.
Based on the ascertained facts, it can be determined that there is a de facto sales contract between the two parties. This contractual relationship is the true expression of the parties’ intentions and does not violate the mandatory provisions of laws and regulations, so it should be deemed legal and valid. The seller shall deliver the subject matter in accordance with the agreed quality requirements. The kitten involved in the case that Fu sold became ill and died within a few days, and the cat that Fu raised with the kitten involved in the case also became ill. There is a high degree of probability between the two. Therefore, this court believes that Guo’s request for Fu to return the payment of 2,000 yuan is well-founded in law and will be supported by this court. For other losses, based on factors such as the circumstances of the case and the causal link, this court comprehensively decided to pay compensation of RMB 1,000 to Guo and not support the rest.
In accordance with the provisions of Articles 61, 131, and 159 of the Contract Law of the People's Republic of China, the judgment is as follows:
1. Defendant Fu will refund plaintiff Guo's payment of 2,000 yuan within seven days after this judgment takes effect;
2. Defendant Fu will compensate plaintiff Guo for 1,000 yuan in losses within seven days after this judgment takes effect;
3. Reject plaintiff Guo's other claims.
In this case, Fu, as the seller, is liable for defective guarantees for the quality of the delivered subject matter. Different from ordinary goods sales, operators of live animal sales should perform quarantine obligations in accordance with the provisions of Articles 42 and 43 of the "Animal Epidemic Prevention Law of the People's Republic of China" when delivering the live animals they sell. If the goods sold should be quarantined but are not quarantined, they shall bear corresponding civil liability in accordance with the provisions of Article 56, paragraph 1, item (5) of the "Consumer Rights and Interests Protection Law of the People's Republic of China".
In addition, after the kitten was bought back by Guo, symptoms such as foaming at the mouth and lack of energy appeared in a relatively short period of time, which is enough to indicate that the kitten he bought was in poor health. Guo informed Fu about the condition of the kitten as soon as the incident occurred. Fu said that the other one he bought together also died. The big cat Guo originally raised also died of illness. The above materials are sufficient to prove that the fact that the kitten was sick when purchased and infected the big cat to death is highly probable. Therefore, Fu should be liable for the loss of the big cat.
In this case, the big cat raised by Mr. Guo can be said to have experienced an "unexpected disaster", and he was so innocent. The above-mentioned cases also serve as a reminder to the majority of pet owners that when purchasing new pets, they should require the other party to quarantine the traded animals in accordance with formal procedures and present relevant certificates to ensure the health of the traded animals. In addition, when bringing a new pet home, it is best to isolate it for a period of time or undergo a physical examination to prevent the new pet from "infecting" the "aboriginal people" and ensure the health and safety of the "aboriginal people".
