Me! A disgraced celebrity! Starting by seeking justice for impoverished students.

Chapter 196: The concern is not its existence, but its purpose!

After listening to Jiang Chen's analysis, the man's eyes lit up again.

He leaned forward slightly, looking earnestly at Jiang Chen.

"Attorney Jiang, I'm here today not to get back any money; money is nothing to me."

"But my dad almost died here, I can't swallow this!"

"No matter the cost, I will get justice!"

Jiang Chen nodded slowly without hesitation.

"Okay, I'll take this case."

Upon hearing this, the man breathed a sigh of relief, his heart finally settling down.

Then, he quickly took out a gold-embossed business card from his briefcase and handed it to Jiang Chen across the desk.

His name was printed on his business card: Zhou Zhenhai.

His personal contact number and company address are also listed above.

"Attorney Jiang, I'll be relieved if you agree."

"If there's anything I need your cooperation with later, please feel free to call me. I'll do my best to cooperate!"

Zhou Zhenhai is willing to pay any price to seek justice!

For people at their level, the cost of retirement is irrelevant.

The health of the elderly is the most important thing!

The brothers were raised by their elderly parents and are determined to ensure that their parents can enjoy their later years in peace.

Now that this has happened, who can swallow this insult?

Viewers in the live stream breathed a sigh of relief for him.

With Attorney Jiang taking this case, their chances of winning are already 50%!

All that's left is to investigate the evidence; the other party probably won't cooperate, right?

Of course! This kind of thing could disrupt the normal operation of a nursing home; who would willingly cooperate?

[Tsk tsk tsk! I have a feeling things aren't as simple as they seem!]

"That depends on Attorney Jiang's investigation results. I still have faith in him!"

Zhou Zhenhai left behind some contracts signed with the nursing home and then departed.

Before gathering further evidence, Jiang Chen needed to study the contents of the contract.

After Zhou Zhenhai left, Chen Qiaowei went into the office.

He sat down opposite Jiang Chen.

"Attorney Jiang, are there any clues in the contract?"

Chen Qiaowei took the initiative to ask.

Jiang Chen's attention was focused on the contract, and he nodded silently.

"Still watching."

Chen Qiaowei chuckled lightly, "Logically speaking, I could handle this case, but after President Zhou arrived, he specifically requested that you take charge of it."

"People come to our law firm mainly because of you."

This made Chen Qiaowei feel more relaxed.

Normally, I only need to help Jiang Chen out; I don't have that many other miscellaneous tasks.

Just then, Jiang Chen frowned slightly and gasped.

"hiss……"

He seemed to have spotted a certain clause.

Chen Qiaowei noticed his unusual behavior and raised an eyebrow slightly.

"What's wrong?"

Jiang Chen showed the contract that Zhou Zhenhai had just left behind and pushed it forward on the table.

"Look at the seventh item of Article 3 of this contract."

"This nursing home adopts an annual subscription system and is committed to providing the best services to the elderly. However, if an elderly person passes away during the journey, the nursing home will not refund the remaining care fees."

Chen Qiaowei also saw the agreement and frowned as well.

"Attorney Jiang, this agreement is a typical example of an unfair standard clause. It's completely unreasonable and most likely invalid."

"Even if the family has signed, the nursing home has no right to directly withhold the remaining unused annual care fee."

Jiang Chen nodded.

He was naturally aware of this.

Zhou Zhenhai prepaid five years' worth of nursing fees, totaling 600,000 yuan, in one lump sum. This was considered a prepayment.

The advance payment corresponds to the nursing home providing elderly care and companionship services year by year and month by month in the future.

This money cannot be taken by the nursing home all at once.

The nursing home is only entitled to charge a service fee based on the actual length of time the elderly person has lived there.

The portion of services that have not yet been provided is considered an unused balance, and the ownership of this balance does not belong to the nursing home.

Furthermore...

The elderly person's death midway through the journey was not a unilateral breach of contract by the family.

Death means that the contract can no longer be fulfilled objectively, and the family members are no longer able to enjoy the remaining years of elderly care services.

Viewers in the live stream chat were also discussing it extensively.

Holy crap! What kind of unfair terms are these?! The elderly person died and they won't refund the money?!

This is outrageous! Ten thousand yuan a month for nursing care—did we trust them to pay that much, only to have them refuse to refund it in the end?

This is clearly an unfair contract term and is completely illegal!

Yes, even if you sign this unfair contract term, it's illegal and therefore useless!

[Nursing homes can use this clause to argue with families, and some families who are too lazy to argue certainly won't care about these things!]

That's right, people who can afford to live in places like this must be well-off, and some probably wouldn't even want to waste their time!

Jiang Chen saw the discussion among viewers in the live stream and nodded.

"Everyone is right. This unfair contract term is unreasonable. Even if the family members sign the contract, the term is still unreasonable."

According to Article 497 of the Civil Code, if a party providing standard terms unreasonably exempts or reduces its liability, increases the other party's liability, or restricts the other party's main rights, the standard terms are invalid.

"This regulation for nursing homes is essentially shifting all the unpredictable and unavoidable objective risks of death onto the elderly and their families."

"According to their terms, even if there are still three or four years left without any living there, the nursing home will not refund a penny and can claim hundreds of thousands of yuan in unpaid fees."

Jiang Chen's explanation was very clear.

Anyone with a normal mind can understand this.

When family members pay money, their corresponding right is to enjoy elderly care services for an equivalent duration.

After the elderly person passes away, it becomes objectively impossible to continue the services.

The family members have the legal right to terminate this elderly care service contract and get back the remaining prepayment.

This clause, however, directly excludes this core right!

"besides."

Chen Qiaowei, with a serious expression, added a sentence.

"Documents from my country's Ministry of Civil Affairs and other departments have clearly stipulated that if an elderly person has already moved into a nursing home and requests to terminate the agreement, the nursing home should, in principle, refund the remaining fees in a lump sum after deducting the amount already consumed!"

"The passing of an elderly person is essentially equivalent to the contract becoming unenforceable, and this refund rule should apply!"

And what about nursing homes?

Their claim of "no refunds for annual subscriptions" is clearly insufficient to comply with national regulations on refunds and is therefore invalid.

"So, Attorney Jiang."

Chen Qiaowei pushed the contract back.

"Don't worry about this clause; it's pointless to put it in there."

Jiang Chen shook his head.

"No, I'm not worried about the existence of this clause."

"But... that's the purpose behind their clause!"

Tap the screen to use advanced tools Tip: You can use left and right keyboard keys to browse between chapters.

You'll Also Like