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The restaurant’s wedding theater in the Muong Thanh neighborhood of Dien Bien Phu City announced an “explosion” of 150 wedding trays – Photo: KIM ANH
Recently, Ms. CTU (24-year-old resident of Pa Khoang Commune, Dien Bien Phu City) damaged a wedding restaurant in Muong Thanh neighborhood (Dien Bien Phu City, Dien Bien). hundreds of millions of dong. The owner of the restaurant went to the police station to look for this diner to clarify.
This is just one of the typical “boom” products, with extensive recent damage.
Just a civil transaction
Commenting on this incident, Assistant Professor Dr. Le Minh Hung, Director of the Department of Civil Law at Ho Chi Minh City Law University, said that the relationship between Ms. CTU and the restaurant is a civil contract. .
According to Dr. Le Minh Hung, the restaurant owner said that Ms. U. had booked a party and that if she admitted to ordering a party, the two parties would enter into a civil contract.
According to the Civil Code, civil transactions can be expressed verbally, in writing or through specific acts. Transactions are also displayed by email or electronic transaction data.
Specifically, in this contract, Ms. U. expressed her willingness and desire to book a party with complete information including: what type of covers, number of banquet tables, table price, time, location … Such content of the contract is sufficient. The form of expression can be in person (voice, telephone) or by text message, email …
The telephone banquet is valid as it is a complete form of will. Perhaps due to being familiar, the restaurant does not require a deposit or receipt signature or any document.
“But in reality, the party reservation is not too binding in the form of the contract, you just have to order the party, date, quantity, time, price… then the restaurant will accept the party. The professional daily business of the party “- Associate Professor Dr. Le Minh Hung said.
If Mrs. U. does not admit to the party, the owner of the restaurant must prove it. The evidence is that Ms. U’s phone call with the content of the party call, is there a recording or a witness to witness …
If the restaurant owner can prove it, a contract will be established between the two parties.
Okay, lawyer Vu Phi Long, former criminal chief of the Ho Chi Minh City People’s Court, also said that between Ms U and the restaurant it was just a civil contract relationship. What about the purpose of Ms. U’s party reservation is not related to the purpose of the restaurant contract?
The restaurant cannot know the motivation for the party and Ms U. whether she cheated on someone or not is not tested in this relationship.
If through the testimony of Mrs. U, the authorities prove that money was appropriated from the reserve of a third party (for example, from the house of her fiancé, her own house or the party applicant …) then it is will be in charge of the corresponding criminal.
In this case, it is necessary to prove who is the victim and who is the harm. However, in the relationship with the restaurant and Ms. U., it is only a civil contract.
Compensation must be made
Regarding liability for “breaking” the merchandise, Associate Professor Dr. Le Minh Hung said that the party violating the contract should indemnify. In the case of Ms. U. ordering a party, the restaurant side has prepared a party completely as agreed.
But Ms. U. does not accept the party without prior notice to the restaurant to limit the loss of the restaurant, so she is responsible for all losses of the restaurant, including money to prepare the tray and other amounts. Attachments such as cards, flowers, ornaments … will even be fined for causing losses.
“However, if Ms. U. does not admit it and the restaurant does not prove that it has a party, it means that it does not prove that there is a contract, the restaurant must suffer herself …” – Assoc. Said Dr. Le Minh Hung.
In fact, the state of “bombs” recently is quite common, especially when it is easier to buy products online.
For example, the sender in Can Tho shared on social media was “widened” by guests after ordering 11 bags of noodles and noodles, which received the attention and sharing of netizens. The “bombardment” of merchandise causes considerable damage to the delivery and sale service (especially fresh products, seafood …).
Recently, out of frustration due to the often “bombing” items, a watch shop owner in Saigon published brochures with pictures and information about the person “bombing” the items on many streets, generating controversy. Or even online store associations also plan to do, share a “bad” or “bomb” customer list.
According to Adjunct Professor Dr. Le Minh Hung, in addition to liability for compensation for breach of contract, if the “bursting” of goods is a way of playing bad, it deliberately destroys the mafia out of hatred, revenge or competition. unfair. Restaurant owners, merchants in the same field or industry can request administrative management from the authorities.
However, according to lawyer Huynh Van Nong (Ho Chi Minh City Bar Association), administrative handling is often not straightforward. Because they are often viewed by authorities as civil transactions, the parties can settle them or initiate a civil lawsuit.
Furthermore, the “booming” value of goods generates relatively small losses for suppliers. Also, it is difficult to prove transactions and provide personal information about transactions to request processing authorities.
Self-protection against the “boom” state?
According to lawyer Huynh Van Nong, while receiving the order, the store needs to exchange, ask customers to provide more personal information, phone number, email … to carefully capture and learn customer information. authenticity comparison.
In addition, it is necessary to keep a record of phone calls, history of e-mail exchange … as proof of the establishment of the transaction when necessary to protect your interests.
However, in the age of technological development, the problem of false identity, address, email, virtual nick … can still occur. Therefore, when customers place an order, the store must request an advance transfer of a deposit corresponding to a part of the value of the merchandise or the total value of the merchandise, thus limiting the “boom” of the merchandise.
