Force majeure

Article 8 The term "force majeure" means any event which will take place better. Would lead to disaster better. Cause that can not be prevented even if the person face to face or close thereby. Can manage a reasonable care should have expected from a person and as a condition such

Judgement of the Supreme Court 4581/2552.
Shanghai is a network Eien storm storms occur regularly in the South China Sea and non-violent storms not be expected. The sailing master of the vessel before it knew the weather forecast will rage Master of the vessel may also be inevitable to face the storm by boat stopped to wait until the winds calm before any case is not considered a force majeure, or dangers or accidents of the sea or the waters of the maritime.

Judgement of the Supreme Court 6235/2551.
Defendant, a prosecutor had been the Eastern District of Songkhla were plaintiffs in the lawsuit driving offense. Carried by the negligence which caused the property of others damaged by WedThB.Road Traffic WedSince 2522, Section 43, 157 which is an offense under this Act. State only as victims. The plaintiff in this case is not the victim in the case of the Eastern District of Songkhla. When the plaintiff is not a victim or a party in the criminal district court Songkhla Facts that appear in the Criminal Court of the District Court case Songkhla Does not bind the plaintiff.

Force majeure must be a matter which can not be prevented. Despite the use of reasonable care and even. The defendant claimed that a trailer wheel bearings cause the difference right trailer wheels off. Truck has lost balance and hit the car insured with the plaintiff to the case above can not be considered as force majeure, because the user vehicle to surveillance equipment that make up the vehicle, which would include equipment outside. and internal Some devices detect by sight. Some decay according to usage conditions. However, all of which must be patrolled by the user that checks were not themselves as a defendant as a vehicle control. Or by others who are responsible for any defendant to a claim that a wheel bearing equipment inside. No monitoring of a defendant who is not only a driver.

Judgement of the Supreme Court 5564/2551.
Claims instead of the original copy of the document. If a party who was claimed as evidence a copy of authentication does not object to. That document refers to witnesses before the document is completed. A party that is forbidden to oppose the existence of that document and the actual or accuracy of the copy of the P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 125 facts show that The plaintiff claimed the book officer appointed under the Consumer Protection WedThB.Consumer protection WedMon 20 Fri 2522 document refers to testimony by sending a copy to the defendant before the hearing and then. But the defendant has no objection that there is no original. Or a copy of the document is not required to meet prior to the original question After Prof. Plaintiff witness testimony referred to a copy of a book named consumer protection officials. Until the District Court ruled for over two years. Defendant had not submitted claims allowed against such documents to the court. Not appear to be any reason that we can not raise the objection that the District Court hearing the facts, so when the document refers Mon 20 copies of testimony of that witness. Consumer Protection Board in writing to appoint a prosecutor staff. Consumer Protection is responsible for the civil and criminal cases to the manufacturer. Violation of consumer rights in court and then. Defendant has not objected to the hearing a copy of that document again. Hear a case that the plaintiff has the power to sue by love.

The accused is an investor in real estate allocation to be sold to the public. The expected high returns. That it requires high investment. Must be planned in a tight financial market, including forward-looking statements. In order to get high risk. Despite the economic crisis and problems of government policy will take effect. To general business. Including the defendant with any. But not the condition that the defendant may not be predictable. Or to be modified so that the defendant has not been completed to build homes that can not hear because of force majeure. The defendant is a breach of contract. Consumers prefer to terminate the agreement.

The purchase and sale agreement between the defendant and S. A reciprocal agreement with S. Are responsible for payment for the period. The defendant is responsible for construction to complete and deliver to Sat Within the time estimated. Listening in on the fact that S. Be paid to the defendant throughout the period up to 17 pay period accrual period last only 3, but the defendant returned home construction part and then stop construction for a long time. Determines that the defendant did not proceed to complete construction by the parties ought Expect from each other. Cause why the S. Stop payment period. The contract is not at fault. Defendant has no right to terminate the agreement to buy and sell

The defendant is the owner of land and build homes to sell to buyers, so the defendant is required to build homes complete in the strong conditions. And suitable to live. The pest control is part of the house to a more robust, even in the first defendant to consumers are not the subject of pest control on the contract. But both parties can agree more later. No need in writing. And that when such an agreement already exists. The pest control service is a small one, which is the duty of the defendant architect Housing for sale direct It will be termite control injections associated with construction Defendant must deliver a house with a pest control order for consumers. When the defendant did not deliver the house. It is liable to consumers under the additional agreement. And the defendant remains under the authority of supervision of the November Consumer Protection Board.ThB.Consumer protection WedSince 2522 the plaintiff has the power to take legal action to refund or claim for damages in the pest control section. Instead of consumers.

By November.ThB.Consumer protection WedSince 2532, Section 39 stipulates that the proceedings in court on behalf of consumers, consumer protection authorities are to have. Except Cnrฤchahrnrnameneiam all And the facts show that the Consumer Protection Board has ordered to appoint staff. Attorney General, consumer protection officials are responsible for the civil and Criminal action for violation of consumer rights in court. As a result, the prosecutor has the power to prosecute it directly as an officer. Consumer Protection. Find the right to act as a lawyer in this case did not land. Do not like the court may order the parties to the other party to pay attorney's fees to the prevailing party.

Judgement of the Supreme Court 5419/2550.
The plaintiff filed a request to extend the appeal after appeal and maturity. It is the case, the plaintiff fails to file an appeal request extension of time before the end of the appeal period. The plaintiff may apply to be a case of force majeure. The force majeure by P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 23 of P.Wikipedia.In addition to that, Police Major General Krishna Section 15 refers to events that the court can not issue an order to extend or the parties can not come up with such a request before the end of the period that the law either. In addition, a circumstance that can be done before the end of the period specified by law.
If the plaintiff's illness and can not really help themselves. The plaintiff may be the wife of the plaintiff, the administrator plaintiff while sick as the plaintiff claims in the petition to contact an attorney of the plaintiff, which has the power to appeal to apply for extension of time filed an appeal before the end of the period of appeal or an appeal within the prescribed time. has filed an appeal. Because this period is up to 1 month from the date of pronouncement of First Instance to hear the plaintiff. This is a fairly long period of time that the plaintiff will be immediately scheduled. Claims in the plaintiff's petition is not a force majeure The claim by the plaintiff's claim that the plaintiff was filed, and drove the plaintiff's attorney was not a force majeure in the provinces as well.

Judgement of the Supreme Court 5205/2550.
Day of the attacks is not much rain and strong winds were not. The early rain fell over the dead along the highway while driving vehicles along highways and cause of death, death is not caused by force majeure. But because of the inherent defects of the defendant, not knock the Department of Highways name or neglected these officials did not order the defendant to stem decay rain with hollow conditions to prevent damage to others. Which violates the defendant's actions. Defendant is liable to the plaintiff.

The Supreme Court 3077 - 3078/2550.
Request for enforcement, which must be made within 10 years from the date the sentence or order. For a period specified in the P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 271 the court has the power to issue an order extend or shorten it. The parties do not need to ask. But will do so only when special circumstances. And the court's order before the end of that period. Except in the case of force majeure by P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 23 Supreme Court case District Court pronouncement on October 3, 2537, both the petitioner asked the Court of First Instance Cmbeongceb Cmbeongceb and sent to both the guarantor. The petition, dated September 1, 2546 on September 23, 2546 and on November 19, 2546 is still within 10 years, but District Court's order lifting the petition. Who sings the two appeal the Court of First Instance. District Court ordered the appeal on January 8, 2547 and pronouncement Sreouthrnntprc 8 on July 13, 2548 the judge to Court of First Instance issued Cmbeongceb and send Cmbeongceb to the guarantor, both the guarantee agreement dated August 2, 2533 if it must be enforced. The following cases and the circumstances that have special But the execution time has expired during the consideration of the Court of First Instance Sreouthrnntprc 8, a court has no enforcement authority may issue an order extending the execution before the end of that period. Is a force majeure Later, petitioner filed two civil court issued a statement asking Cmbeongceb Cmbeongceb and sent to both the guarantor. District Court's order permitted by such statement. Courts should assume command execution extending from it. Because, otherwise enforcement action would not continue. Both the petitioner is like to be forced out of the case of securities guaranteed by both the P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, But Section 274 of the District Court ordered enforcement of the case extend away without fixed maturity. The Supreme Court is scheduled to complete.

Judgement of the Supreme Court 663/2550.
Due appeal on June 3, 2548 defendant filed a request to appeal 30-day extension period allowed civil court extended until June 17, 2548 which falls on Friday Defendant has a lawyer and without any complicated cases form a complex. Would be appealed to the Court within such period. However, defendant has appealed for no The lawyer defendants submitted extend the appeal on June 20, 2548 for extension of time to appeal to the other three days, claiming that lawyers accused the appeals filed with the Court of First Instance, but the traffic congestion due to construction of new bridge and grab a car crash. The defendant attorneys to arrive at all hours of First Instance to nearly 30 minutes and can not be appealed to the deadlines. Why are all preventable and predictable in advance. Not a force majeure event under P.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1,Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 8, the defendant may request extension of time to appeal.

Judgement of the Supreme Court 1480/2549.
The plaintiff's claim that the invoice can not be displayed because the district Refused to deliver accounting documents and return the plaintiff. And the plaintiff can not request a substitute tax invoice from the invoice because the plaintiff did not know what a tax invoice that If the invoice is not destroyed by force majeure. And is not the case that the plaintiff can not request a substitute tax invoice because the invoice can not issue a tax invoice because it represents force majeure Is not an exception to the P. Revenue Section 82 / 5 (1) and the Revenue Department announced. About VAT (No. 17) Article 2 to take tax deductible in calculating tax under Section 82 / 3.

Judgement of the Supreme Court 528/2549.
While debtor submitted the reorganization on June 10, 2546 debtor rights and benefits under WedThB.Investment for the Section 28 exemption of import duties on machinery as the Board of Investment approval. Later, when the Board of Investment's order at 25 December to revoke all rights and benefits to the debtor then. It can be the case that the debtor has not received the tax exemption or reduction to the beginning and have to pay state taxes by holding the price and the tax rate on the date that is imported as a basis for calculating tax according WedThB.Investment Company, Section 55, so the value debt tax payable both inform and evaluate a debtor to pay and used to obtain repayment of the rehabilitation that is a debt incurred before the Court ordered the rehabilitation of both debtors, creditors may be claiming the payment was in reorganizations. When the Court ordered the rehabilitation of the debtor and the debtor is a set of plans then. Both creditor has not received notification of the order set by the plan because it does not appear Official receivership both a creditor in accounts payable. If the fact that it can be considered. The special circumstances of force majeure and that the two creditors may not file an application for repayment within one month from the date the Official receivership command set according to the plan WedThB.Section 90/36's bankruptcy and creditors both to accelerate the performance of official steps to apply for payment of rehabilitation within a reasonable time after that debtor through the process of rehabilitation and then. If it is reasonable to accept payment of the creditors to obtain both the further consideration.

Judgement of the Supreme Court 8659/2548.
District Court read the sentence the defendant to listen in on February 18, 2547 the defendant must file an appeal within one month from the date of its pronouncement. Under the Code of Criminal Procedure Article 198, paragraph one of the counting period must start from day to day under the Civil and Commercial Code, Section 193 / 3, paragraph two, starting from the date of February 19, 2547 the due date filed. such appeal. To enforce the Civil and Commercial Code, Section 193 / 5 on February 19, 2547 is not the beginning of the month is a period of months it can not be calculated according to calendar year. Period end date would be March 18, 2547, a day before it was the day of the month falls on the last day, which started the period. Not be long after the month has 11 days in February 2547 and March 2547 is scheduled month 19 days to 30 days under the Civil and Commercial Code, Section 193 / 6, paragraph one and paragraph three Provisions such as the duration of the months and days. Or set of months and months. No period for months.
Application for extension of time filed an appeal in criminal cases under the Code of Civil Procedure, Section 23 of the Code of Criminal Procedure, Section 15, it must be done before the end of the appeal. Unless a force majeure the term "force majeure" under the Code of Civil Procedure, Section 23 refers to the reason that the Court can issue an order to extend or the parties can not make a request like that up before the end of the period. law to perform any one. In addition, a circumstance that can be done before the end of the period specified by law.
Because the defendants claim for extended periods of time because the defendant was not able Cmcooncyam evidence that has a lot of other evidence and testimony of plaintiff. Ramkhamhaeng University and a defendant is in the regional examination in Bangkok. Attorneys were unable to find the defendant and the defendant for details on time period of appeal. With attorneys to prosecute the defendant has the burden to the many cases that When the case did not have words and expressions plus The difficulties are not complicated and the lawyer the defendant could not make a complaint or an appeal on time. Or to inquire into facts from the defendant. Is not considered a force majeure event to the request after the maturity period of appeal.

Judgement of the Supreme Court 8658/2548.
Defendant submitted an appeal extended. Courts lift motion. Defendant shall have the right to appeal such order as to Sreouthrnntprc 7 P.Wikipedia.In addition to that, Police Major General Krishna Article 193, paragraph one of the seven Sreouthrnntprc not get the defendant's appeal and the appeal judges pay raise that It is not like But the Supreme Court deems appropriate diagnosis that there is a reasonable extension of time to appeal or not the defendant without the phrase back to Sreouthrnntprc 7 and the new judge.
Claims that the lawyer defendants believe telling the court official and lawyer who was the District Court allowed an extension of the period of appeal until January 20, 2547 and attorneys accused is that every day can not come to see the court order with themselves. It is the deficiency of the lawyer defendants themselves. If it is not force majeure. No reason to extend the appeal period to the defendant as P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 23 of P.Wikipedia.In addition to that, Police Major General Krishna Section 15.

Judgement of the Supreme Court 5730/2548.
District Court pronouncement that the parties to listen to on January 20, 2547 due to appeal on February 20, 2547 on the due date to appeal the defendant filed a request extension of time to appeal to 30-day civil court allowed an extension of time to appeal until March 19, 2547. Later, on March 22, 2547 expiration of the period to appeal. Request permission to appeal with the defendant filed an appeal claiming that reason is guilty of an attorney that does not keep track expressions to the defendant. District Court ordered that the interest of justice that should allow the request. And ordered the defendant's appeal. If such is the case, the defendant's request for extension of time to file an appeal after the appeal period has expired. The defendant may request extended only in case of force majeure by P.Wikipedia.Director, HQ 3, Police Colonel Arun Wachirasri, deputy director of HQ 3, Narcotics and Crime Suppression Division 1, Section 23 of P.Wikipedia.In addition to that, Police Major General Krishna Section 15 of the attorney defendants did not monitor the expression to the defendant's negligence lawyer accused Force Majeure will not be a defendant has the right to apply for extension of time filed an appeal at the end of the period to appeal. District Court has no power to extend the appeal to the defendant. When the defendant filed an appeal on March 22, 2547 is over extended period of time to appeal. The order of the District Court that the defendant's appeal is not like The Court of Appeal Sreouthrnntprc four of the accused and that the Supreme Court of First Instance ordered the defendant did not like as well. Issues such as legal issues related to peace Although not a party raised any revision. The Supreme Court has addressed the diagnostic power as P.Wikipedia.In addition to that, Police Major General Krishna Article 195, paragraph two of Section 225.

Judgement of the Supreme Court 1927/2546.
Request for extension of time filed an appeal of the defendant, a named defendant, a sing and sign a petition just end up alone. Claim it is a petition of the defendant that a particular will interpret that the defendant first apply for extension of time filed an appeal instead of the defendant to 2 to 5, with the search not all of the defendants 2 to 5 will mistakenly think that The District Court allowed the appeal to extend the period means that all the accused. It is not force majeure. When the defendants 2 to 5 did not apply for extension of time filed an appeal before the end of the period specified by the Court of First Instance. And why that claim is not a force majeure, which will make the request after the end of the period of appeal under the Code of Civil Procedure, Section 23 if there is no reason to extend the period of appeal to the defendants 2 to 5 below.

Judgement of the Supreme Court 1678/2546.
Defendant from the plaintiff to purchase clothes. The defendant is unable to pay debts to the plaintiff because the defendant purchased fabric from one fried with financial difficulties is unable to pay debts to the defendant. It is a commercial business. The problem is usually the gain or loss of trade would occur at any time. Not be regarded as an act of God to make the defendant free from liability under the Civil and Commercial Code, Section 219, paragraph one

Judgement of the Supreme Court 1374/2546.
Age, sued the commander checks are scheduled a year from the date of departure due under the Civil and Commercial Code, Section 1002, so check dated August 5, 2540 shall mature age, on August 5, 2541 appeared on the due date. The plaintiff filed a petition to the Khon Kaen Provincial Court that the plaintiff is domiciled. Plaintiff attorneys to appoint clerks to the complaint filed by Udon Thani Provincial Court jurisdiction over the case with the clerk, but money is not enough lawyers to prepare the fee. Clerk, a lawyer, so take the complaint back to Khon Kaen and let the plaintiff know when the time clock 16, which force majeure that the plaintiff can not return to Udon Thani Provincial Court filed on time. Applicant has filed the Court Khon Kaen Khon Kaen Provincial Court judge ordered that the petition. "Get them to send Court Udon immediately for further consideration, such order was accepted that the plaintiff could not proceedings in civil court with jurisdiction over such cases by force majeure under the Code of Civil Procedure, Section 10, although Court Kaen will not order the plaintiff's complaint. However, the Khon Kaen Provincial Court judge ordered the petition and send it as soon as the Udon Thani Provincial Court. Khon Kaen Provincial Court would hold that the plaintiff's complaint and accepted. Part of the Court will send the complaint to Khon Kaen, Udon Thani Provincial Court order to consider at a later stage, it is not about the practice of the court party. Although Udon Thani Provincial Court may issue an order for the plaintiff's complaint after they find a result that the plaintiff's case filed within the prescribed age, turns out not to terminate the case.

Judgement of the Supreme Court 1074/2546.
Problems that the defendant did not deliver rice to force majeure or not. The defendant is alleged the burden of proof on the issue this fall for the accused.

Twitter Delicious Facebook Digg Stumbleupon Favorites More