V. advocate the spirit of tourists whether to breach of contract damages, the administration of justice scales are not uniform. To this end, in Yangtze Cruise 2010, the supreme law, the introduction of the applicable legal provisions "clear" on the trial of the case of travel disputes, tourists filed the complaint for breach of, and advocate the spirit of damages, the people's court should be informed of changes to infringement litigation; the tourists still adhere to the complaint filed breach of contract, the people's court shall not support the yangtze river of damages claims.
Zhang first made it clear that damage to bring the spirit of tibet tours for the demands of tourism suffered personal interests for tourists, in the hearing should be noted that tourists to the infringer to advocate the spirit of damages for infringement complaint must be filed.
"If the tourists filed breach of contract complaint, the judge before the first Chongqing Tour their interpretation change the cause of action, not infringement lawsuit will bear the adverse consequences." Zhang first further explained, correctly grasp the elements of the travel compensation for moral damage, not support the request does not comply with the following elements: the moral damage suffered by the tourists must meet the "serious" level; minor mental damage should not be given financial compensation; can take an apology, eliminating the effects and restore the reputation of resolve.
http://yangtzecruise2011.blogspot.com/2012/03/tourism-travel-with-group-in-end-to-pay.html
"Judge should consider a variety of factors to determine the correct spirit of the amount of damages." Jin Zhang pointed out that these factors include: the specific circumstances of the degree of fault of the infringer; against the means, occasions, and behavior; infringement consequences; the infringer's profit; infringer bears liability; subject to appeal by the seat of the Court, the average standard of living.
http://yangtzecruise2011.blogspot.com/
Mar 14, 2012
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