The text is based on the case
Editor丨 Clarify the law with cases
Case source: Guangming Network
1. Case review
In Shanghai, there was a man named Da Zhuang (pseudonym) and his wife was named Cuihua (pseudonym), and one day, Da Zhuang and Cuihua went shopping and came to a supermarket.
Da Zhuang pushed a shopping cart, thinking that while his wife was there, he would buy more vegetables and meat. Da Zhuang and Cuihua took a lot of ingredients in the shopping cart, Da Zhuang has the habit of drinking porridge every morning, thinking about taking some mustard, and the way to eat mustard with white porridge is delicious.
On the way to get mustard, Da Zhuang happened to pass by the area where salted eggs were sold, Da Zhuang inadvertently saw salted eggs, and Da Zhuang thought of how to eat salted eggs with white porridge, which is also a good choice. So, Da Zhuang and his wife stayed next to the salted egg.
Da Zhuang carefully selected salted eggs, thinking about choosing a few larger salted eggs, as long as it is to buy food, Da Zhuang is still more cautious, every time you have to look at the expiration date, Da Zhuang is a more real person, you must calculate the expiration date until the number of months.
Da Zhuang calculated it and found that these salted eggs had expired, just one day overdue. When his wife Cuihua heard it, she said don't buy expired food, don't buy salted eggs, and Cuihua is ready to pull Da Zhuang to buy mustard.
Da Zhuang thought: Such a big supermarket, and food has always been very strictly managed, this supermarket owner is too irresponsible.
Da Zhuang plans to buy a few, and then find the boss to compensate and educate the boss well. The cuihua on the side made it better to have more than one thing to do less, and hurried back after shopping.
Da Zhuang didn't listen, he must be more serious with the supermarket and give the boss a profound lesson. So, Da Zhuang took a salted egg, and then went to the mustard area with his wife and bought two packs of mustard. Finally, when he came to the cashier to check out, Da Zhuang found that the cashier didn't read the information of the salted egg at all, so he immediately completed the checkout.
Da Zhuang asked Cuihua to wait at the exit, Cuihua knew that Da Zhuang was going to buy salted eggs, Cuihua still told Da Zhuang not to make trouble, don't do so many things, this matter, Da Zhuang is determined to teach the boss a lesson.
Da Zhuang ran back to the area where salted eggs were sold again, and Da Zhuang took another salted egg and ran to another cashier to settle the bill. In this way, Da Zhuang bought a total of 6 salted eggs, each for 2.2 yuan, and each salted egg had a small receipt. After Da Zhuang collected the salted eggs and receipts, he went back with Cuihua.
The next day, Da Zhuang came to the supermarket again, walked to the salted egg area, and found that the expired salted eggs were still there. Da Zhuang thought: The management of this supermarket is too messy, the food is about to expire for two days, and no one has found out, which is not responsible for the people waiting for me.
At this time, Da Zhuang had a bold idea in his mind, Da Zhuang found a shopping cart, took 40 salted eggs in one go, Da Zhuang came to the cashier, Da Zhuang asked the cashier, each salted egg separately settlement 2.2 yuan, separate payment, separate receipt.
The cashier encountered this situation for the first time and thought it was strange, so he asked Da Zhuang why he did this. Da Zhuang said that he wants to go to the gate of the scenic spot to set up a stall, and each salted egg must have a small ticket, so that customers who buy it can rest assured. In this way, Da Zhuang successfully paid for 40 salted eggs separately and got a small ticket.
So far, Da Zhuang bought a total of 46 eggs, paid 101.2 yuan, and 46 small receipts.
Da Zhuang returned home and reminded Cuihua not to eat these salted eggs, Da Zhuang also told Cuihua about his "plan", and the kind-hearted Cuihua asked Da Zhuang to stop and return the expired salted eggs. Things have come to this point, and Da Zhuang doesn't listen to Cuihua's advice at all.
Subsequently, Da Zhuang called the Market Supervision and Administration Bureau, saying that the supermarket sells expired food. The Market Supervision and Administration Bureau attaches great importance to it and immediately arranges for law enforcement personnel to conduct on-site inspections in supermarkets.
As a result, as Da Zhuang said, this batch of salted eggs really expired, and the law enforcement officers immediately seized this batch of salted eggs. This frightened the supermarket owner, who rushed to the supermarket to cooperate.
After the supermarket owner learned the cause of the incident, he immediately contacted Da Zhuang. The boss took the initiative to apologize and admit his mistake to Da Zhuang, and his attitude was very friendly, and he proposed a corresponding compensation plan: Da Zhuang bought a total of 46 salted eggs and spent 101.2 yuan; the boss suggested that the salted eggs be returned to the supermarket, and the supermarket returned 101.2 yuan to Da Zhuang; in addition, the boss took out 1012 yuan separately as 10 times the compensation to Da Zhuang.
After listening to the compensation plan of the supermarket owner, Da Zhuang felt that he had worked hard to buy back 46 salted eggs, and he couldn't just forget it, so he immediately objected, and then, Da Zhuang said his opinion: according to the food safety law, ten times the amount of expired goods, less than 1,000 yuan, according to 1,000 yuan compensation, 45 salted eggs, a total of 40,006.
After listening to this, the supermarket owner suddenly became angry, thinking that Da Zhuang was too greedy, unreasonable, he had been punished accordingly, the salted eggs were seized, and he was also doing business to support his family, the 40,006, the salted eggs that had been sold for a year couldn't earn the 40,000, and the supermarket owner refused Da Zhuang's compensation request on the spot.
Da Zhuang negotiated with the supermarket owner to no avail, and the supermarket owner refused to compensate, so Da Zhuang took the supermarket to court.
2. From a legal point of view, how do you view this matter? @以案明法
(1) Da Zhuang's appeal
1, Da Zhuang believes that supermarkets sell expired food, which is ignoring the health of the people, food safety has always been a matter of great importance to the state and the people, according to the food safety law, the sale of expired food, will be severely punished.
2, Da Zhuang bought 46 salted eggs, each salted egg is 2.2 yuan, each salted egg is paid separately, there is an independent receipt, 46X2.2 yuan = 101.2 yuan.
3. According to the food safety law, 10 times the price of expired food, if it does not reach 1000 yuan, it will be compensated according to 1000 yuan, Dazhuang bought 46 salted eggs, 2.2 yuan each, 10 times less than 1000 yuan, then, 46X1000 yuan = 46000 yuan.
According to the second paragraph of Article 148 of the Food Safety Law, if a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation of ten times the price or three times the loss from the producer or operator; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB.
To sum up, Da Zhuang's appeals: 1. Da Zhuang returned 46 salted eggs to the supermarket, and the supermarket returned 101.2 yuan. 2. In addition, the supermarket will pay another 46,000 yuan to Dazhuang.
(2) The supermarket owner retorted
1. In this case, the supermarket owner took the initiative to admit that his salted eggs had expired, but Da Zhuang, as a consumer, knew that the salted eggs had expired and deliberately bought a large number of salted eggs, which has exceeded the habits of ordinary consumers.
2. Da Zhuang deliberately bought 46 salted eggs, paid separately one by one, and collected small receipts. This kind of abnormal consumption, Da Zhuang's malicious purchase, defrauding the claim for high fees, this kind of behavior is a violation of good faith, there is fraud, and Da Zhuang's behavior should not be supported.
(3) The court's judgment
The judge believes that Da Zhuang deliberately paid one by one, and asked for small receipts, bought 46 salted eggs in a row, and bought them 46 times, and Da Zhuang's behavior was to maliciously increase the compensation, and use the legal provisions with bad intentions to earn improper compensation, which does not belong to the real purpose of the food safety law to punish expired goods.
The judge believes that Da Zhuang's malicious consumption and increasing the bargaining chips for compensation far exceed the consumption habits of normal people, and Da Zhuang's behavior has violated the fairness and integrity of the normal business relationship.
According to Article 7 of the Civil Code [Principle of Good Faith] Civil entities engaging in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.
The judge once again sorted out and reviewed the case, and finally, the judge decided:
1. Da Zhuang returned 46 salted eggs to the supermarket, and the supermarket returned 101.2 yuan.
2. In this case, based on the cost of 101.2 yuan for 46 salted eggs, and calculated with a penalty of ten times, the supermarket needs to pay 1,012 yuan to Da Zhuang.
3. The court did not support Da Zhuang's deliberate expansion of the part of compensation.
Third, the editor has something to say
In my opinion, the supermarket has violated the food safety law by selling expired salted eggs, and the supermarket will be responsible and severely punished by the law when the customer buys expired food.
It can be seen that the strength of food safety control is zero tolerance, and food safety is related to everyone's health.
On the other hand, there are some people in the private sector who take advantage of the crackdown on counterfeiting to make profits, knowing that the food has expired, and deliberately buy a large amount of expired food, so as to increase the bargaining chips for compensation and earn improper gains. These acts are also acts that the state does not support.
@以案明法 We update our legal knowledge every day, hoping that we can learn more legal knowledge through typical case studies.
Remark:
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