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Has the supermarket
to compensate my lost car?
Brief introduction of the case:
I went shopping to a certain supermarket with
my friend on 9th October 2003. There is a bulletin
with words ¡°parking free¡±, so I parked my car
in the parking lot of the supermarket and went
shopping. When we finished shopping at about 8:30pm,
I found my new car vanished. Then I reported the
case to the Policeoffice, but they hadn¡¯t solved
the case for a long time. I asked the supermarket
to compensate for my lost car. They said parking
was free, so they haven¡¯t the obligation to care
for my car. Please tell me what can I do?
Thank you very much!
Sinolaws Expert¡¯s
opinion: A contract may be oral, writing or other forms according to
the contract law of People¡¯s Republic of China.
As far as safekeeping contract is concerned, it
can be made in any form that has been mentioned
above. Basically, it should not be payable, but
payable safekeeping contract is permitted by law.
¡°Parking free¡± is its obligation that the supermarket
imposed on itself aiming at attracting more customs.
So safekeeping is part of its service. ¡°Parking
free¡± is an offer for a supermarket, meanwhile,
the action you parked you car in the supermarket
parking lot is your acceptance. So the safekeeping
contract has been made and come into force.
The supermarket didn¡¯t perform its main obligation of the contract, so you can ask the supermarket
for compensation. If you choose litigation, you
must look for the proofs and witnesses as possible
as you can.
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