Becoming a lawyer starts with raising a Xiezhi
Chapter 224 How to Terminate the Contract
Chapter 224 How to Terminate the Contract
The contract signed between an artist and a brokerage company is a comprehensive contract, the legal relationship is extremely complicated, and it has the characteristics of entrustment, intermediary, brokerage and employment, and the contract attribute is not a single attribute.
After reviewing the contract law, Qiu Xuan and others believed that only when the other party had fundamentally breached the contract could he have the statutory right to terminate the contract, otherwise it would be difficult to demand termination.
And it is very difficult to prove that the other party has breached the contract at all, and the performing arts company will not be so stupid as to intentionally breach the contract, and then let you have the right to terminate the contract.
After pondering for a long time and studying with everyone for a long time, I didn't come up with any good method.
Meng Lang found it difficult.
And if the contract is forcibly terminated, high compensation will be paid. This compensation can be said to be a sky-high price. Yang Mi and Zhu Liying definitely cannot afford it, and even if they can afford it, they feel that they are at a loss.
Meng Lang thought about it over and over, then looked at the contract, and finally focused on an inconspicuous clause in the contract.
According to this rule, the performing arts company strives to make Yang Mi a first-class star in the country within five years. For this, Yang Mi must serve in the company for ten years, and it has just passed five years now.
In other words, five years have passed, has Yang Mi become a top star?What does top star mean?Usually, no one would say that he is a second-rate or third-rate star, so the meaning of this first-rate star is not very accurate, it all depends on how everyone understands it.
However, now they can understand the meaning of this first-rate star as a first-tier star. What is a first-tier star?That must have a great reputation in the country, and the salary can reach at least tens of millions.
In comparison, Yang Mi still cannot meet this requirement and cannot be called a first-class star.
Well, since five years have passed, Yang Mi has not achieved this goal, and the performing arts company has reneged on its promise. This is also considered a breach of contract, right?
This reason is a bit far-fetched, but I can't find a better reason than this reason. In addition, there are some clauses about training, but they are very general and cannot prove that the company did not provide her with sufficient training. However, these training terms will become an important basis for the other party to claim against Yangmi.
After finding out this reason, Meng Lang went to discuss with Yang Mi to see what she thought, and asked her if she had decided to say goodbye to the company.
Yang Mi's attitude was very firm, and when he asked him how sure he was of winning the lawsuit, Meng Lang wasn't sure, but in order to win Yang Mi's trust, he said there was an 80.00% possibility.
And what he said was not deceiving Yang Mi, because filing a lawsuit was just a means, and it was not necessary to win in order to achieve the desired result. If the outcome was based on victory or defeat, then many lawsuits would not need to be fought.
After hearing this, Yang Mi nodded and asked him to sue the company on her behalf. If she won, Zhu Liying would sue.
As for the lawyer's fees, Meng Lang didn't ask her how much she wanted, and just gave her 100 million.
"Lawyer Meng, 100 million, you must guarantee to win." Yang Mi thought for a while and said.
Meng Lang said: "No problem, I will definitely do it to your satisfaction."
Yang Mi agreed.
After accepting Yang Mi's entrustment, Meng Lang helped her file a case in court and formally sued Huada Performing Arts Company.
Yang Mi had already had conflicts with the company before. The entertainment company already had a prejudice against her and took preventive measures against her in some performance business, but she never expected that Yang Mi would sue them directly.
After they received the complaint, they were dumbfounded for a moment. They contacted Yang Mi immediately, and Yang Mi said to them: "I have already hired a lawyer, you should contact my lawyer."
After he finished speaking, he hung up the phone.
Hiring a lawyer is different from not hiring a lawyer, and I have a lot more confidence.
When the performing arts company saw it, they had no choice but to contact Meng Lang. After Meng Lang received their call, he told them, "The contract must be terminated, otherwise I have nothing to talk to you about."
Hearing this, the other party said unhappily: "Yang Mi can terminate the contract if he wants to, but he must compensate us for the loss."
"How much damage do you want to compensate?" Meng Lang asked.
The other party said: "At least 1000 million yuan must be compensated."
I'm going to ask for so much compensation, I really dare to open my mouth.
"No 1000 million, 100 yuan is enough." Meng Lang deliberately teased them.
"100 yuan? Do you want to send the beggar? You are serious, let me tell you, we can invite top lawyers to fight this lawsuit with you, and you can just wait for bankruptcy!" The other party was angry and threatened.
Seeing that the other party was annoyed, Meng Lang said with a smile: "It's easy to get together and get together, and harmony makes money. If this lawsuit really starts, Yang Mi will naturally lose the case, but you will also face pressure. When the time comes, Yang Mi will be in court. Telling some of the internal situations in your company will be very detrimental to you. If you and Yang Mi can get back on well, I can withdraw the lawsuit immediately."
Meng Lang finally adopted the strategy of fighting to force negotiation, first suing, and then forcing the other party to negotiate with Yang Mi to obtain the best result for Yang Mi.
Sure enough, when he said this, the other party was speechless. Although they were not afraid of a lawsuit and Yang Mi could not win, they were afraid that a lawsuit would have a negative impact on the image of the entire company. Moreover, Yang Mi was also a star with certain influence. Telling the company's insider information will affect other celebrities' signings with the company.
However, they would be unwilling to admit it like this, so they said to Meng Lang, "You have no reason to sue the company, this lawsuit cannot be won."
Meng Lang chuckled and said, "Since you say you can't win, let's go ahead and see what the result will be."
After hearing this, the other party became timid again and said, "Then come to the company and let's have a good talk."
Meng Lang said: "I won't go to your company. If you want to talk, we'll choose a place to talk. If you don't want to talk, then forget it."
After hearing this, the other party thought about it and agreed.
On the second day, the two sides met in a cafe in the city.
Meng Lang met people from the other company's company. The other party hadn't hired a lawyer yet, but the company's legal counsel came to negotiate with him.
However, since the other party has someone who is a legal officer and someone who understands the law, it is convenient to talk about it, and a vice president of the company is also involved.
"Yangmi wants to terminate the contract before the due date is up, which is a breach of contract." The other party's legal counsel expressed such an attitude.
After Meng Lang heard this, he simply smiled and said, "Who said you can't terminate the contract without a date? Can Yang Mi still stay in your company for the rest of his life?"
The other party immediately said: "Are you going to talk about the spirit of the contract? If you can terminate the contract at will, do you still have to respect integrity and the law?"
(End of this chapter)
The contract signed between an artist and a brokerage company is a comprehensive contract, the legal relationship is extremely complicated, and it has the characteristics of entrustment, intermediary, brokerage and employment, and the contract attribute is not a single attribute.
After reviewing the contract law, Qiu Xuan and others believed that only when the other party had fundamentally breached the contract could he have the statutory right to terminate the contract, otherwise it would be difficult to demand termination.
And it is very difficult to prove that the other party has breached the contract at all, and the performing arts company will not be so stupid as to intentionally breach the contract, and then let you have the right to terminate the contract.
After pondering for a long time and studying with everyone for a long time, I didn't come up with any good method.
Meng Lang found it difficult.
And if the contract is forcibly terminated, high compensation will be paid. This compensation can be said to be a sky-high price. Yang Mi and Zhu Liying definitely cannot afford it, and even if they can afford it, they feel that they are at a loss.
Meng Lang thought about it over and over, then looked at the contract, and finally focused on an inconspicuous clause in the contract.
According to this rule, the performing arts company strives to make Yang Mi a first-class star in the country within five years. For this, Yang Mi must serve in the company for ten years, and it has just passed five years now.
In other words, five years have passed, has Yang Mi become a top star?What does top star mean?Usually, no one would say that he is a second-rate or third-rate star, so the meaning of this first-rate star is not very accurate, it all depends on how everyone understands it.
However, now they can understand the meaning of this first-rate star as a first-tier star. What is a first-tier star?That must have a great reputation in the country, and the salary can reach at least tens of millions.
In comparison, Yang Mi still cannot meet this requirement and cannot be called a first-class star.
Well, since five years have passed, Yang Mi has not achieved this goal, and the performing arts company has reneged on its promise. This is also considered a breach of contract, right?
This reason is a bit far-fetched, but I can't find a better reason than this reason. In addition, there are some clauses about training, but they are very general and cannot prove that the company did not provide her with sufficient training. However, these training terms will become an important basis for the other party to claim against Yangmi.
After finding out this reason, Meng Lang went to discuss with Yang Mi to see what she thought, and asked her if she had decided to say goodbye to the company.
Yang Mi's attitude was very firm, and when he asked him how sure he was of winning the lawsuit, Meng Lang wasn't sure, but in order to win Yang Mi's trust, he said there was an 80.00% possibility.
And what he said was not deceiving Yang Mi, because filing a lawsuit was just a means, and it was not necessary to win in order to achieve the desired result. If the outcome was based on victory or defeat, then many lawsuits would not need to be fought.
After hearing this, Yang Mi nodded and asked him to sue the company on her behalf. If she won, Zhu Liying would sue.
As for the lawyer's fees, Meng Lang didn't ask her how much she wanted, and just gave her 100 million.
"Lawyer Meng, 100 million, you must guarantee to win." Yang Mi thought for a while and said.
Meng Lang said: "No problem, I will definitely do it to your satisfaction."
Yang Mi agreed.
After accepting Yang Mi's entrustment, Meng Lang helped her file a case in court and formally sued Huada Performing Arts Company.
Yang Mi had already had conflicts with the company before. The entertainment company already had a prejudice against her and took preventive measures against her in some performance business, but she never expected that Yang Mi would sue them directly.
After they received the complaint, they were dumbfounded for a moment. They contacted Yang Mi immediately, and Yang Mi said to them: "I have already hired a lawyer, you should contact my lawyer."
After he finished speaking, he hung up the phone.
Hiring a lawyer is different from not hiring a lawyer, and I have a lot more confidence.
When the performing arts company saw it, they had no choice but to contact Meng Lang. After Meng Lang received their call, he told them, "The contract must be terminated, otherwise I have nothing to talk to you about."
Hearing this, the other party said unhappily: "Yang Mi can terminate the contract if he wants to, but he must compensate us for the loss."
"How much damage do you want to compensate?" Meng Lang asked.
The other party said: "At least 1000 million yuan must be compensated."
I'm going to ask for so much compensation, I really dare to open my mouth.
"No 1000 million, 100 yuan is enough." Meng Lang deliberately teased them.
"100 yuan? Do you want to send the beggar? You are serious, let me tell you, we can invite top lawyers to fight this lawsuit with you, and you can just wait for bankruptcy!" The other party was angry and threatened.
Seeing that the other party was annoyed, Meng Lang said with a smile: "It's easy to get together and get together, and harmony makes money. If this lawsuit really starts, Yang Mi will naturally lose the case, but you will also face pressure. When the time comes, Yang Mi will be in court. Telling some of the internal situations in your company will be very detrimental to you. If you and Yang Mi can get back on well, I can withdraw the lawsuit immediately."
Meng Lang finally adopted the strategy of fighting to force negotiation, first suing, and then forcing the other party to negotiate with Yang Mi to obtain the best result for Yang Mi.
Sure enough, when he said this, the other party was speechless. Although they were not afraid of a lawsuit and Yang Mi could not win, they were afraid that a lawsuit would have a negative impact on the image of the entire company. Moreover, Yang Mi was also a star with certain influence. Telling the company's insider information will affect other celebrities' signings with the company.
However, they would be unwilling to admit it like this, so they said to Meng Lang, "You have no reason to sue the company, this lawsuit cannot be won."
Meng Lang chuckled and said, "Since you say you can't win, let's go ahead and see what the result will be."
After hearing this, the other party became timid again and said, "Then come to the company and let's have a good talk."
Meng Lang said: "I won't go to your company. If you want to talk, we'll choose a place to talk. If you don't want to talk, then forget it."
After hearing this, the other party thought about it and agreed.
On the second day, the two sides met in a cafe in the city.
Meng Lang met people from the other company's company. The other party hadn't hired a lawyer yet, but the company's legal counsel came to negotiate with him.
However, since the other party has someone who is a legal officer and someone who understands the law, it is convenient to talk about it, and a vice president of the company is also involved.
"Yangmi wants to terminate the contract before the due date is up, which is a breach of contract." The other party's legal counsel expressed such an attitude.
After Meng Lang heard this, he simply smiled and said, "Who said you can't terminate the contract without a date? Can Yang Mi still stay in your company for the rest of his life?"
The other party immediately said: "Are you going to talk about the spirit of the contract? If you can terminate the contract at will, do you still have to respect integrity and the law?"
(End of this chapter)
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