Xiaogang ordered a new mobile phone on a shopping platform, and the order indicated that it would be sent to his home, but the courier stored it directly at the express station. Xiaogang retrieved the package, and when he opened it, he found it empty. Who should Xiaogang claim against?
——You can claim liability for breach of contract against the merchant.
Article 577 of the Civil Code: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
The general provisions of the Civil Code on liability for breach of contract adopt the principle of strict liability. In this case, a sales contract was established between the merchant and Xiaogang, and the contract of carriage was with the express company. As a party to the sales contract, the merchant fails to fulfill the obligation to deliver the mobile phone according to the agreed place, which constitutes a breach of contract, and shall bear the delivery obligation to Xiaogang to continue to perform, and if it cannot be delivered, the corresponding amount shall be refunded. After the merchant fulfills its obligations to Xiaogang, if it is involved in a dispute over the transportation contract, it can make a separate claim to the express company.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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