Grassroots lawyers also have their day

Chapter 98 Liability for Pre-Contractual Negligence

Wang Chuan was stunned. Looking back, he realized that this was the feeling he had when he won labor cases—a feeling of elation, as if he had become a top lawyer in the capital, his ego swelled to the point of bursting.

"I'm so proud! I'm so proud! I should be humble. I'm just a junior apprentice, I haven't even gotten my lawyer's license yet..." A voice kept shouting in Wang Chuan's heart.

"Do you know why I don't work as a legal counsel at a company?" Fatty Wan continued to ramble on, having enjoyed his drinks tonight.

"Because being a lawyer is fulfilling!" Wang Chuan said confidently.

"Nonsense, being a lawyer is not as stable as being a corporate counsel. It's mainly because... no company will hire me!!" Fatty Wan said with a straight face, and then walked towards Director Niu, who was waving.

Strict enforcement against drunk driving began on August 15, 2009, and drunk driving was criminalized starting in May 2011.

Although everyone knew that drunk driving was wrong, no one took it seriously once they had been drinking.

If Director Niu were to blow into the breathalyzer, he would definitely be considered driving under the influence. His driver's license would be docked twelve points, just like Ge You's head, and he would be locked up.

However, at this time, drunk driving was not yet strictly enforced in the capital, and given Niu Gongming's prodigious drinking habits, Director Niu drove steadily. Fatty Wan and Wang Chuan didn't notice anything amiss.

At 2:30 p.m., Wang Chuan returned to the legal services office.

"Hey! Senior Brother, have you been boiled or steamed? Your face is red, your neck is red, even your palms are red, and I bet your toes are red too!"

"You've been drinking!" Pan Jinlian saw Wang Chuan enter and immediately noticed his flushed face and neck.

"I had a little!" Wang Chuan said with a smile.

"Tch!" Pan Jinlian scoffed.

With a click, a box of chewing gum appeared on the table, followed by Pan Jinlian's words: "Hurry up and chew a few pieces. The client will come over soon, and your strong smell of alcohol will scare them away!"

"Yes! Xiao Pan is right. Chew a couple more pieces. I have some green tea here. I'll get you another cup to get rid of the smell of alcohol!" Zhang the conman said hastily, not wanting Wang Chuan's alcohol fumes to affect his sales commission.

Heeding advice to eat his fill, Wang Chuan hurriedly threw two pieces of chewing gum into his mouth and began chewing them vigorously.

"Here's your Extra gum back! Thanks!" Wang Chuan said, tossing the gum back onto Pan Jinlian's table. But a second later, with a snap, the gum was back on his table.

What's going on? The other side has Patriot interceptors? Why is that chewing gum back again?! Wang Chuan was still drunk and his mind went blank for a moment. He turned to look at Pan Jinlian.

"No, it's your Extra gum! It's yours!" Pan Jinlian made a face at Wang Chuan and smiled.

"You two are good enough! You've even got the 'GG' part coming up. Anyone who didn't know better would think you were the ones endorsing Extra gum!" Zhang the conman laughed.

People like Wang Chuan, whose constitution makes their faces turn red when they drink, or rather, their whole body does. If you were to give him a physical exam at this time, the doctor would probably be stunned. One glass of beer had turned his whole body bright red, making him look like a ripe chili pepper.

However, the redness all over Wang Chuan's body came and went quickly; about an hour later, his complexion returned to normal.

Just as Zhang the Conman was happily analyzing legal issues for his client, and Pan Jinlian was chatting happily on QQ, a young woman entered through the door.

She wore glasses and had a pure and innocent look. She was slender, but her thinness didn't seem to come from exercise; it looked more like she was starving herself. It was hard to tell if she was intentionally controlling her diet or if she was just hungry. She looked younger than Wang Chuan, probably a recent college graduate.

She stood at the door of the legal services office, glanced at Zhang the Hustle and Pan Jinlian, and quickly gave up. Zhang the Hustle was enthusiastically providing legal advice to a middle-aged woman. Pan Jinlian stared at the computer, looking unapproachable. Only Wang Chuan, who had just sobered up, looked up at her.

"Hello, what can I do for you?" Wang Chuan asked with a smile.

"Hello, I'd like to ask you something," the innocent-looking girl said somewhat shyly.

"Please come and sit down. What would you like to ask?" Wang Chuan maintained his smile throughout.

A girl's voice came from inside. Pan Jinlian looked up and thought to herself: Wow! That little voice is so sweet! It's definitely worth a few points!

Then she looked at the senior brother who was smiling beside her: Oh! I didn't realize that the senior brother likes this type!

For some reason, when the innocent-looking girl sat down opposite Wang Chuan, Pan Jinlian felt a little uncomfortable. She had always disliked girls who were so weak that they looked like they could be blown away by a gust of wind. Simply put, they were out of training!

"What would you like to ask?" Wang Chuan asked again after the innocent-looking girl sat down.

"I recently graduated from university and went for an interview with a company. After the first and second rounds of interviews, I passed the interview and the company offered me a job."

However, when I went to the company to complete my onboarding procedures a few days ago, the company suddenly said that they were laying off staff and no longer needed me.

"I just feel a bit aggrieved and want to ask if I can ask the company for compensation in this situation?" the innocent-looking girl said softly.

"Hmm, did you bring your job offer letter? Let me see it." Wang Chuan didn't answer directly, but asked instead.

"I brought this for you." With that, the innocent-looking girl took out a printed screenshot of an email from her bag and handed it to Wang Chuan.

Three minutes later, Wang Chuan looked up at the innocent-looking girl: "Judging from this email, the company clearly stated your start date and salary, and you also replied to the company as required."

Although the company has only issued you an offer of employment, no employment relationship has been established between you and no employment contract has been signed. Therefore, your dispute does not fall under the category of labor disputes.

However, the job offer you receive can be considered an offer, indicating that the other party intends to establish an employment relationship with you, and you have responded as required, which constitutes acceptance of the offer.

"At this point, if the company refuses to hire you, it should bear the liability for pre-contractual negligence. It should compensate you for your losses," Wang Chuan said.

"What is pre-contractual liability? Should I go to labor arbitration for this? I saw a post online saying that labor disputes should be handled through labor arbitration first, and then you can file a lawsuit in court," the innocent-looking girl asked, completely bewildered.

"Pre-contractual liability refers to the liability for damages that one party should bear when, during the process of entering into a contract, it breaches its pre-contractual obligations arising from the principle of good faith, causing the other party's reliance interest to suffer losses."

The current Labor Contract Law only stipulates that if a labor contract is declared invalid and causes damage to the other party, the party at fault shall bear the liability for compensation. However, it does not stipulate liability for pre-contractual negligence.

"The Contract Law has comprehensive provisions on liability for pre-contractual negligence. As I just mentioned, your dispute does not fall under the category of labor disputes, so you don't need to go to labor arbitration. You can directly file a lawsuit in court, demanding that the company bear liability for pre-contractual negligence and provide compensation," Wang Chuan explained.

"Then... how much compensation can the company offer?" the innocent-looking girl asked.

(End of this chapter)