Section 354 agreement will offer a measure to make the response time. That you may not be withdrawn within the compound.
Section 355 guests made the offer to others, which are separated by distance and time do not indicate a response. To withdraw its offer of pay within a reasonable time expected to be told that you meet that are looking for might not be withdrawn.
Section 356 offer made to persons who are immediate identification without time to satisfy the tender offer at any time, any response would be acceptable, but at that time. Use of this you all to a party. One person made the offer to one another by telephone.
Section 357 offer any rebuff to his proposal and then get better or does not meet within the time prescribed in section three of this good before. Then you shall offer it to the end, but that commitment.
Section 358 if the notice comes to overtime, but the response was seen. Seemed that the notice is sent by the official. Which is normally supposed to come. To within know that The proposed notice to the parties to the other party. At once that the word came to meet delay. Unless such notice. Before then, if the offer fails to notice that like in the beginning paragraph. You shall be considered. The notice did not meet the overtime.
Section 359 if the response comes to overtime. You shall be deemed to meet the terms. Into the proposed new terms which satisfy the additional text restrictions or any other amendment. It contains. You shall be regarded as a repudiation not receive Both offer up a new built-in.
Provisions of Article 169, paragraph two that you shall not apply if the proposal contrary to the intent expressed. Or if before receiving the response. Other party the parties know that the proposal died or become incapacitated.
Section 361 a contract between persons who are separated by distances that The contract would be the time when the notice of the proposed response to the intent if the proposal is displayed. Normally not necessary or customary. The notice must satisfy know that You that the contract is a contract up. At a time when there was one. One should assume that it is. Meet the intent.
Section 362 person publish Pledged to reward to whom Action whatsoever. Remember that you must give the prize to any person who has done that one, not even that he will have done the sake of reward.
Section 363 in the case mentioned in the previous section on nobody. Indicate that it is like to live successfully as long as Who pledged their commitment to withdraw. The only way to waste time on the ad. Unless it is shown in the ad. The promise that it will not withdraw if it can not be withdrawn by the first. Be removed by other means, but if such withdrawal shall be completed only available only to persons who have knowledge. If you are committed to a specific term to indicate that the know that He presumed that the person is committed to taking the right to remove the broken promises.
Section 364 if several persons acting in an ad, you indicate that But only those who do only one of the first out. Eligible to be awarded if the person many of the actions that simultaneously You are right that each person will be rewarded with the halves, but if the prize is not divided into good condition. If the message of the commitment. But only one person should be awarded good. You be decided by drawing lots in the provisions of paragraph two above it. You shall not apply. If the ad is intended to show otherwise.
Section 365 has pledged to reward the request. Win the contest. Be complete only when the time period is specified in With the slogan of the contest will determine which one has the conditions to accomplish. Committed within the prescribed time, or not good. Or settled as between the. Many people contest that the people Which is better, however, to judge which Was named in the ad as a judge. Or, if not anonymous referee. It also provides a solid foundation to judge this decision shall bind the person concerned. If all parties with a good score is always the same. You, the provisions of Article 364, paragraph 2 shall apply, as the case of ownership in the property that make up contest. The promise will be transferred to their call when the ad stated that the transfer should be so.
Section 366 of the text of any agreement even if the parties are provided solely as a material which will be agreed upon by all the items that If the parties have not agreed on all the items as long as When a case is suspected. After that you do not have a contract together. Of that understanding. That particular something. Although it will take to find it is not binding if the parties have agreed that the contract is intended to be made in writing to know that When a case is suspected that he had not counted until the contract is made in writing.
Section 367 agreements which the parties shall be deemed to have come up as you want Lo has not yet agreed on any one item. This will be accomplished if the agreement should be inferred that If you do not agree to in this article. We promise it will be made know that The message that you have agreed. There will shall be complete
Section 368 agreement that will be interpreted in accordance with your wishes in your way. Honestly, with the usual tradition per se but with
Judgement of the Supreme Court 1258/2551.
The second defendant to the plaintiff's certification confirms that S. had deposits in savings accounts with a special two defendants who have deposits in U.S. 3,000,000 at that time and defendants will not let two people. Any withdrawal of these from the account unless the consent of the plaintiff's representations are characterized as a commitment that is binding the defendant, 2 and cause the rights to the plaintiff in which to call the defendant to 2 to comply with pledges. above. After plaintiff received the certificate from the second defendant and the plaintiff has been allowed to Sat from the plaintiff to sell the car. One should assume that the intention to meet the commitment of the two defendants by the plaintiff does not have to give notice to the defendant to serve two proposed Commercial Code, Section 361 paragraph two of the other two defendants to be bound by. pledged not to allow any withdrawals from the account of Sor unless the consent of the plaintiff. To allow the defendant to 2 Sat changing account Savings accounts are savings accounts and allow ordinary. To withdraw money from an account that has committed breach of duty under which the plaintiff's right to dispute directly. However, regardless of whether the second defendant agrees to withdraw from your account in good faith or not Sat. When the plaintiff can not force repayment of money deposited in the account to the defendant, Sat 2 is the second defendant is liable to the plaintiff.
Judgement of the Supreme Court 3720/2551.
Two defendants through the purchase of the plaintiff employees at Nakhon Pathom, a landscape. Emenr of the two defendants. Then the plaintiff's staff to send purchase order to the plaintiff in Samutprakarn. In civil court for approval. When the plaintiff's order approved, it will ship only to the two defendants at Nakhon Pathom Province as the defendant either made a submission to the plaintiff that is not immediate, if the plaintiff intends to contract with the two defendants had to the intention to declare response to the two defendants. However, the plaintiff's delivery order to the defendant, both of which Nakhon Pathom Province, and the two defendants received the products to serve the notice instead of holding it. That the place to take delivery of goods is the place value of the case have occurred under Civil Code Procedure Section 4 (1).
The two defendants did not show intent to consider the plaintiff's action approved and implemented. Shipping to the two defendants received a notice to serve. And does not appear that either party has the customary practice to make such contract exists. In the cause of action which the plaintiff's domicile in the jurisdiction of the Court of First Instance.
Although plaintiffs claim that the parties may agree to contract over the telephone or even fax machines. But this case is a contract between persons who are separated by distance Not a contract between the people who are long term. The parties may offer and meet at the same place and at the same time the Commercial Code, Section 168 and 356.
Judgement of the Supreme Court 3924/2551.
Defendant contract management hired the plaintiff as a manager and managed hotel operations of the defendants promised to manage such a period from the date of May 1, 2538 maturity date of December 31, 2548 On March 21, 2548 the plaintiff a written notice wish to extend it to 10 years of hotel management refused to extend the defendant referred to the shareholders of the defendant does not have an agreement. All such agreements have been meaning to find that the defendant must consent to the plaintiff. No immediate management maturity. Because nothing clear enough to show whether or not to extend the contract period. With the intent or purpose of the plaintiff's sole although not difficult, the parties shall be written contract clearly so. Or may be written in the contract waste at all that the contract is valid for 20 years, but the right plaintiff notice that the contract ends when the contract completed 10 years, so the interpretation that the defendant must give the plaintiff renewal issued by the plaintiff. advertise Request to the defendant by the defendant has no right to exercise its discretion and pleasant. The plaintiff in the management or the relationship with each other in time. Past first. It would be inconsistent with the nature of the management contract that requires satisfaction. Satisfaction and trust each other as part of contract agreement with Moreover, when the terms of the contract per se but to the beginning of the message that "Subject to mutual agreement", which means that Agreements in this article are subject to the agreement of both parties. It would show the meaning is clear in that if the renewal away. The parties intended to adhere to match the two sides is more important than intent alone. Of one party sole. The regulation of the defendant and the Shareholders Agreement, it is a requirement in the administration. The business purpose of the defendant. By the type and number of the directors authorized the company to be binding. Each defendant in the business. Has no message or meaning to the obligation that the defendant and the person concerned. The plaintiff hired the defendant must make a defendant's hotel management to another, so when the defendant has no intention to extend the contract management 10 years as the plaintiff requested a single party. Extend the life of the contract management was not affected.
Judgement of the Supreme Court 8260/2550.
Brochures to the general public know that The plaintiff had transferred assets mortgage payment program. To assist debtors with high debts outstanding debt and can not continue. Be able to unlock the existing debt with a mortgage, how to transfer property to the plaintiff, instead of debt. The plaintiff defined the criteria and conditions which are subject to review plaintiff's first The brochure is not clear, of course. So it's just not offer invitations to those interested in the offer came only Request of the defendant expressed a desire to participate. Is classified as a tender offer when the plaintiff did not meet the contract would not cause.
Judgement of the Supreme Court 2339/2551.
Civil and Commercial Code, Section 350 states that do not contract new debt in writing to the creditor. New accounts. The intention is a verbal offer and the corresponding response is considered as the intention to do Debt to each new contract now.
Civil and Commercial Code, Section 366, paragraph two is the case in question. That's a promise that has yet to be made until the books. But the facts in this case does not in any event. To doubt anymore. Because the plaintiff's consent to transfer land from Thor, which under Section 361 agreements between persons who are separated by distance The contract would be the time when the notice of response to the offer. The plaintiff is a transfer of land to meet the intent and the Company shall provide Bank of the contract is up. Without must be in writing.
Judgement of the Supreme Court 6221/2550.
Mortgage Contracts Clause 1. Indicating that the mortgage agreement over land as collateral and debt obligations of any district on the banks of the petitioner a. The existing mortgage and to have all characteristics in favor. All types of debt. The amount of $ 500,000 and agreed to end any second mortgage agreement. Indicate that any liabilities and obligations. The mortgage is insured, including liabilities and obligations of all types everything that the mortgagee in this time and that will continue in the future. When liabilities and commitments types one Or one of the following conditions hold. However, other liabilities and obligations exists or will continue in the future does not hold the end of the mortgage contract will be bound to see that the insurance contract unless the mortgaged property as collateral for a plaintiff to recover money from defendants. The loan agreement then. All types of debt as collateral to the plaintiff will be liable to the other defendants, so it appears that the plaintiff also owe a debt to the defendant at Rangsit. Pathum Thani Province. Despite the debt arising from legal action and the defendant each branch. But a debt due to the defendant that the plaintiff can be considered as well. The plaintiff has a debt to the defendant is liable under this mortgage is. Although plaintiff may have paid the plaintiff to recover debt from the defendant. Rose branch mortgage contract does not completely end the suspension. Defendant has the right to redeem the land is not registered to the plaintiff was.
Judgement of the Supreme Court 3874/2549.
Borrowing more than fifty baht or more. If there is no evidence of the loan in writing signed by one person. Borrowing is important not to sue for enforcement as provided for in Civil and Commercial Code, Section 653, paragraph one of the means as well as prohibited from picking up his defense with When the loans 5,000,000 U.S. claims that the plaintiff and the defendant together Thi Loan from the defendant that there was no evidence of the loan in writing. Defendant may not claim a loan to hold up against the title deed of the plaintiff that the defendant gave it to hold as collateral.
Thi plaintiff agreed to transfer the land to the defendant as a debt hit by the defendant is required to pay additional money to the plaintiff with Rama, a number of which amount defendant must pay the material to be agreed but the defendant have not agreed in detail, that the defendant is required to pay additional money to the plaintiff with a number of Rama. So after that there is no agreement in accordance with the Commercial Code, Section 366, paragraph one of the defendant has no title deed of the plaintiff the right to withhold yet.
Judgement of the Supreme Court 1602/2548.
Lease labeled. When the lease expired and the lessor must give tenants to rent. By the lessor to renew the lease every three years terms such as promises of P. lessor does not appear that the defendant was aware before his death to satisfy P. Given that before. If it does not fall into the provisions of the Commercial Code, Section 360 to Chapter Butter Ye Ye Contact the Commercial Code, Section 169, paragraph two shall apply mutatis mutandis to pledges not bad. The plaintiff is bound to a transferee who is heir to follow. Town house for rent by the defendant to dispute the conditions specified in the original contract. The plaintiff must consent to the defendant rental quarters dispute following the date of 1 January 2536 until December 31, 2538 the renewal lease term 3 next year from the date of 1 January 2539 onwards must be separately considered separately the other hand. Yes, there are bound to find all impossible.
Although the text in the contract will be pledged to the lessor Grad. But these promises will be binding on the renewal of the lease and handed to the next. Plaintiff when they committed before the effective time expired leases end. Top with the intention to serve the defendant had been lawfully committed when Por death of the plaintiff, and then compile the dispute went to the heir to the defendant know that the death Por drought has a request to renew the lease on the plaintiff. On 10 November 2538 Prof Jai as this case must be governed by the Commercial Code, Section 360, which provided, the provisions of the Commercial Code, Section 169, paragraph two shall not apply if before the meet. the other party the parties already know who committed such offer would not have died in force and not a legacy that will bind the plaintiff, a descendant Book renewal lease is of no effect and does not cause a new lease. The plaintiff shall have the right not to renew the lease dispute to the Town defendants. When the plaintiff to the defendant a letter stating that the plaintiff did not wish to dispute the defendant to rent quarters longer and terminate the lease. Contract disputes must quarters ended on December 31, 2538 which is due for renewal on the lease. The plaintiff would have sued the defendant drove.
Judgement of the Supreme Court 1793/2548.
Although the defendant is domiciled in the province Chanthaburi And a request / contract of service radio cellular systems in a manner as to represent the plaintiff's offer to Chantaburi province. But representatives of the plaintiff's request to review and approve the plaintiff contracted with defendant to the plaintiff's residence, located in North District Court. And the plaintiff is the launch signal such a manner as to cause a response of agreement between the parties. Which also is the cause of the argument that the rights which the plaintiff sued the authority. Of action would occur in the North Eastern District court a plaintiff like to present the complaint to the District Court North Civil Code Procedure under Section 4 (1).
Judgement of the Supreme Court 620/2548.
The plaintiff sued to force the defendant to pay for debt arising from the use of service contracts of service radio, which is considered a personal debt over the plaintiff is entitled to present the indictment to the court the defendant is domiciled in its jurisdiction. Or information to the court that the case happened in court as Civil Code Procedure Section 4 (1).
The defendant asked for the radiocommunication service radio systems from cellular offices or agents of the plaintiff. Branch office or representative plaintiff's request to provide / contract for use of radio communication to the headquarters of the plaintiff's approval, when approved, will be the headquarters open radio communication signal is at the head office. Defendant to take the request was filed. Considered that the application would use radio communication to the defendant filed a branch office or agent of the plaintiff. To offer a radio service for the plaintiff. The approval of the head office can be considered Backpacks action one which has the effect of the intention to get a response of the defendant. Despite the intention to act against the defendants who are not immediate. But it can be considered normal customs of the service agreement contract between the plaintiff and the defendant radio acting in this manner. Have formed a contract when the head office to get a response by radio signal to open the result in the defendant can use the service without having to serve a notice to the defendant offered the Commercial Code, Section 361, paragraph. two more when the contract between the plaintiff and the defendant had occurred at the head office is located in the jurisdiction of the Court of First Instance and the plaintiffs sued to force the defendant to pay for debts arising from the use of contracted services to support communication services such Whit. It can be that the Court of First Instance is one of action occurs in the jurisdiction. Civil Code Procedure Section 4 (1) has the power to adjudicate the case.
Judgement of the Supreme Court 3534/2546.
The plaintiff made the offer via fax for reservation between 6 to 12 January 2535 to the defendants on October 25, 2534 the defendant made a response faxed response to a reservation to the plaintiff on the same day. Contract reservation had happened on 25 October 2534 the plaintiff to transfer the money for rent room first installment under the contract to the defendant on November 12, 2534 and the transfer period 2 to the defendant on November 28, 2534 money that the plaintiff transferred. to the defendant after the date of the contract booking deposit is not happening, then the defendants should be forfeited to the Commercial Code, Section 378 (2) because it is not money or anything on the plaintiff to the defendant to do contract The collateral is not in compliance with the Commercial Code, Section 377 agreement when the plaintiff terminated the contract booking on December 2, 2534 the plaintiff and the defendant must return to the same position as is the Civil and Commercial Code Section 391, first paragraph, claims for refunds arising from the termination of this Agreement. No law specifically on prescription. There was an age of 10 years from the date of termination of the contract under the Commercial Code, Section 193/30 is a one year old on Lapamicyrnadg the Commercial Code, Section 419 does not apply.
Judgement of the Supreme Court 1678/2546.
The defendant has notified the buyer to the seller refunded the plaintiff but the plaintiff did not do clothes serve for only the plaintiff to the defendant to help other people to sell clothes. The plaintiff returned to the fabric when a person or other customers to purchase fabric only. When the plaintiff sold some of the fabric so that employees of the plaintiff from the defendant to the fabric. It does not mean that the plaintiff received all the clothes back, but agreed that plaintiff would receive when selling cloth fabric that has only partially. The agreement allows the defendant is the plaintiff sold the remaining fabric. Not agree Returns fabric Defendant is liable to pay the remaining fabric to the plaintiff.
The defendant is unable to pay its debt to the plaintiff because the defendant Bank fabric buyers with financial difficulties is unable to pay debts to the defendant. It is the business of trading gains or losses experienced problems which would normally trade may not always occur can be considered as force majeure, which will allow the defendant free from liability under the Civil and Commercial Code, Section 219, paragraph one
Judgement of the Supreme Court 6509/2545.
Visit the defendant made a tender offer for loans from the bank by the plaintiff agreed to pay interest to the plaintiff at a rate of 14.5 per cent per annum and on the same day. Defendant has entered into lending money to the plaintiff. Waste by allowing interest at the rate of 19 percent per year, which the defendant has already received the loan will be seen that the proposed credit card offer is only accused of offering to the plaintiff only The loan agreement is an agreement in a contract made after the plaintiff has to consider the offer of the defendant. The plaintiff is the interest rate 19 percent per year, so the text or the facts about the plaintiff's interest in the amount of loans to the defendant. It is clear that the number N is suspected or there is an ambiguity must be construed in accordance with the actual intent of the plaintiff. The plaintiff has no right to bring witnesses to successors in interest rates in loan agreements that the rate of 19 percent per annum interest rate if the defendant is in default because it is prohibited to attest under the Code of Civil Procedure, Section 94 (b).
Judgement of the Supreme Court 4547/2545.
Car sales are settlement offer without signing Sat seal of a defendant to meet the requirement specified in the Certificate of Directors of the Company, but has only just Sor Sor was not offered a private Although not the seal of the defendant. 1 in terms of the offer, but a defendant to benefit by delivering cars to the district disputes the purchase price paid and is the recipient of the plaintiff show that S. made a settlement offer to plaintiff's vehicle as authorized. one of the defendants and held that a defendant has ratified the action of S. Then the car trade dispute has become effective under the law. And completed the final sale. When the property vested in the plaintiff has agreed to sell and settle to the defendant, although a car is not registered in the name of the plaintiff's dispute. I find the incomplete transaction. Because the car registration is not proof of legal ownership. Is the only evidence required in order to facilitate the control of the officers only.
The defendant disputed that a car be sold to the plaintiff and the defendant sold to the two other defendants, even at 2 to buy in good faith and registered with the Department of Transport. Named defendants. 2 ownership. I find the two defendants did not dispute the ownership of the car. Because the property belongs to the plaintiff, not the defendant, a defendant that a has no title to be transferred to any longer and that the defendant, a used car disputes to sell to the defendant, 2 violation of the rights of the plaintiff has shown that the. Commercial Code section 1336 provided that the plaintiff has the right to sue for the revocation of registration of vehicles, both defendants filed an application with the Department of Transport has. But for the revocation of trade between the two defendants because the defendant did not dispute that two cars, in good faith. Agreement between the parties has forced the two defendants. Just do not lean the plaintiff may only
Judgement of the Supreme Court 3702/2545.
Books that. With the defendant, a debtor of that. A message kite to the defendant to pay 2,112,450 baht to the plaintiff by the defendant would have to get installation glass and aluminum is already after the agent of the defendant to make. for the work of the plaintiff and the defendant paid the plaintiff to 360,000 baht to record the defendant admitted that the company has unpaid debts amounting to 1,752,450 baht plaintiff books that looks a suggestion The examination of the defendant from plaintiff's award. Plaintiff to pay part of the record and agree that the unpaid debt to the plaintiff. There is a characteristic of the intention to meet with the implicit The contract is between that. And the defendant by the defendant to receive delivery and installation of glass and aluminum from the plaintiff to pay the plaintiff's behalf. Because the defendant to pay the outstanding land and buildings purchased from that. All the contracts are characterized as a contract to benefit a third party. By the defendant to pay the debt to the plaintiff, the Commercial Code, Section 374 by a third party plaintiff to the defendant has the right to demand payment directly to the plaintiff. And contracts for the benefit of any third party without law shall be made in writing or evidenced in writing. That there is no problem in writing that the transfer of claims. And the plaintiff or not.
Defendants are not parties to the plaintiff in the sale and installation of glass and aluminum, but the defendant is a debtor of that. The pending settlement of land and buildings purchased from that. Debts contracted land and buildings would age of 10 years, which is no. The defendant may raise up against that. when the contract between the defendant and that. is a contract for the benefit of third parties. Defendant has a defense contract was the sale of land and buildings to the defendant what the defendant might have raised against the plaintiff. It is a defense arising, but data contract that the defendant agrees to pay the debt of that. To the plaintiff under the Civil and Commercial Code, Section 376, but no law which decreed that the defendant lifted out a defense arising but the data contract and the next. Set glass and aluminum of that. the plaintiff against a third party. Cases, the plaintiff sued the defendant has an age limit of 10 years under Section 193/30 is not the 2 years.
Judgement of the Supreme Court 8898/2544.
The tender notice is only a contract and invite interested people to contract for solid waste from the port along the river destroyed by burial. Submitted for agreement by the defendant to submit a bid package. Subsequently, the plaintiff is the auction and the minimum bid, which made a submission to the defendant, 1 and equal to the plaintiff agree to abide by the terms of the defendant, one in every respect to the defendant, one by the Chairman of the opening sealed tender with. notice to the plaintiff to know later that the plaintiff agreed to accept the offer price can be considered as a response to get a bearing. But notice the auction contract and Article 16 states that when the defendant first let bidders know in writing the bidders have the need to contract in the form of the defendant to one within 7 days from the date of receipt of the notification, so when the facts. that was the first plaintiff and the defendant has not entered into the form of a defendant who is not a contract binding the defendant to a plaintiff and the defendant to a contract and announced to cancel this auction. Whether the plaintiff, who won the tender to do the wrong conditions of tender notice, whether or not the defendant is not considered a breach of contract action against the plaintiff. The plaintiff could not claim damages from the defendants in this one.
Judgement of the Supreme Court 6729/2544.
The defendant stated to the court in criminal cases. I promised to the victim that the money payments to victims within three months by asking the District Court to postpone the pronouncement. And the victim was stated in court that If the defendant can be treated according to the agreement. Victims will withdraw their complaints and claims of any other debt. Statement of the victims are just as committed to the court and not get a response to any of the defendant and the court is the fact that the use of discretion in moving the case to the defendant as stated. Statement of the defendant and the victim in the report of the District Court proceedings do not constitute a legal settlement. Even later, the victim can take the facts as reported to the claims in the proceedings, filed a civil case and filed a notice of withdrawal filed a civil case by reasoning that the defendant did not intend to prosecute to the debt that is the number one debts by check in this case to show that the civil claims of victims do not terminate the facts did not appear that the victims do not wish to pursue criminal prosecution to the defendant would listen, but only that the victims do not want to. is the only civil cases. Right to bring criminal cases to sue the plaintiff in this case is also determined to hold.
Judgement of the Supreme Court 6720/2544.
Hire-purchase agreement shall be in writing. Otherwise, would void the Commercial Code, Section 572, paragraph two that the plaintiff sued the defendant from the victim to check for dispute settlement at the car hire purchase from the defendant when the victim as a copy of a hire car for the defendant made the offer. the victim is only a bid for leases not only look like a lease. Letter to the hire-purchase hire-purchase agreement between the Bank and the defendant company, which even a single car to car according to a copy of a lease for any car. But the victim did not hire a party to the defendant. Agreement with Bank of the victims are not what make the injured party and the defendant became possible. When the plaintiff does not hire purchase agreement between the victim and the defendant to show So that the defendant did not listen to the victim to check for dispute settlement that requires the purchase was legal acts of the defendant is not guilty by a criminal act that caused the check to the Section 4.
Judgement of the Supreme Court 1397/2544.
The defendant made a tender offer to resign by allowing the plaintiff to pay to return the resignation. The plaintiff received a response by the defendant's offer to resign. Therefore the contract between the plaintiff and the defendant has legal effect from the date the plaintiff then filed a request for resignation after the dismissal of the plaintiff by the defendant claimed that the plaintiff, the defendant violated the regulations seriously. Fraud and breach of duty by criminal intent to employers. I find it has no legal effect at that time the plaintiff and the defendant does not have the same relationship as employer and employee. And not ground under the contract or the provisions of the law to terminate the agreement by the defendant and Commercial Code, Section 386 can not be raised to cause the termination of a contract with the plaintiff.
Judgement of the Supreme Court 748/2544.
Brochure containing the text size. Building area for sale price per room, 20-year installment payment agreement installment payment on booking date transferred. Repayment to financial institutions 11.5 percent per year, if anyone is interested in booking any apartment size must request a contract with the plaintiff that the defendant is a party invitation to invite tender offer only. Clearly not enough to hold a tender offer.
Judgement of the Supreme Court 7670/2543.
The plaintiff submitted to Pro Ford invoice to the defendant to have a product description and price of debt. Is indeed a tender offer to sell offer to the defendant at one, when the accused 2 which is positioned as a senior manager, procurement of the defendant to a sign in the Buyer such documents are then returned to the plaintiff the right of the intention to satisfy the purchase instead. defendant to a contract plastic this had happened to be binding on the plaintiff and a defendant.
Judgement of the Supreme Court 2614/2543.
The plaintiff and the defendant made an agreement to purchase land and build contract the defendant building Although not a scheduled transfer of land and buildings, but delivered on a reciprocal agreement. The defendant a debt to be paid compensation to the plaintiff when the leave time pass over a long time without compliance with the contract and has made a request to cancel the contract so that those who entered into the fill to terminate the contract and ask for the money paid back from the defendant. Show that the defendant is unable to perform under the contract continue. Both claim that they have the effect of making the offer to the plaintiff for the plaintiff's intention to terminate the contract or agreement. When the plaintiff fill out a petition request to terminate the contract and ask for a refund from the defendant has received the response to the offer of the defendant. Break up the contract immediately. Defendant to return the money to pay plaintiff the total with interest to the plaintiff.
Judgement of the Supreme Court 5149/2543.
Defendant issued lottery prize The message for those who committed to winning. The defendant must be bound by. Their commitment under the Commercial Code, Section 362 on the plaintiff who won. Although the plaintiff alleged to have made the move to draw. The plaintiff is still entitled to receive the reward of the accused committed. Part of the lottery prize with the lottery, only the message that shareholders. To be eligible for prizes. It is a condition that the defendant has to provide proof of payment of awards to the prize. These conditions will be limited disqualified plaintiff who has won the legal right to find can not The plaintiff has the right to receive the award from the defendant committed the defendant.
Judgement of the Supreme Court 5933/2538.
T. the newspaper with the Ministry of Interior and the central organization is committed to provide clues for those who inform the offender of the Election of Members of Parliament Act, Wed. Fri 2522 promises to be announced to the public. Although the plaintiff was appointed as Chairman of Central Organization for the central organization district. If a person who submits the clues they have the right to receive this award was made permitting the defendant to share the prize money the defendant will be informed of the whereabouts of the plaintiff in condemnation to And is the official liaison for prize money in a case where the defendant is informed. The plaintiffs accuse the PM of the accused officers as agreed with the above would hold that the plaintiff is one of the joint notice clues to the perpetrator and the defendant officers. Therefore, an agreement by permitting split prize Commercial Code is not void under section 150.
Judgement of the Supreme Court 679/2547.
The contract must be construed in accordance with the request in good faith by the normal customary per se with the Commercial Code, Section 368 also must consider the intent more than the actual words and expressions, or the letters from the Civil Code Procedure Section 171, it would be considered only keeps the name of the contract is not absolute. Agreement on the text in conjunction with listening to the evidence that The plaintiff and the defendant knowingly made a contract transferring the master tapes only one master. Not intended contract transferring the copyright in the music at all. Copyright in musical works are still owned by the defendant to 1, so that the accused all four together produce master tapes and 14 songs such as 3 sets a different version of the master tapes of the defendant, a transfer to the plaintiff would not alter. Piracy of musical works which plaintiff
Judgement of the Supreme Court 6563/2545.
Civil and Commercial Code, Section 171 which states that In the interpretation of the intention that Peng intention to aim more true than the words or phrases that letter refers to acts that do the same if it contains no explicit Or conflicting messages, or may interpret as many words. But if the message is clear in the contract. Would not be any need to interpret the intent.
Mortgage contract terms with the end of the mortgage contract expressly stated clearly that the contract of mortgage insurance debt of two defendants on the plaintiff, the provisions are as follows: Civil and Commercial Code, Section 171 to force the need for interpretation of individual witnesses. the true intent of the parties can not find. It prohibited under the Code of Civil Procedure, Section 94 (b) cases that are listening. Land contract mortgage, agreement to end the contract between the plaintiff and the defendant mortgage second mortgage insurance is a contract debts of the two defendants on the plaintiff accused the two can not be jointly liable for the debts of a defendant on the plaintiff.
Judgement of the Supreme Court 5678/2545.
The Commercial Code, Section 368 agreements to be interpreted in good faith upon request. Taking into account the normal and customary with the interpretation of Section 171 of the intention. The intent to focus even more true words and expressions or characters. On the fact that the plaintiff has the business relating to land. Have contracts and allocation of land and many of them have the expertise and excel-how to make an agreement to buy land more than the defendant. Agreement to buy land dispute is a contract employee of the plaintiff ready made. The plaintiff is the economy better than the defendant shall have the authority to negotiate the contract to purchase the land dispute over the defendant. After contracting to purchase the land dispute and the plaintiff a letter to the banks for loans to invest in the project included 155 million baht is for loans to aval promissory note of 43 million baht, which equals the amount of the promissory notes that the plaintiff is required to pay land debate And affiliates of the plaintiff was a loan from commercial banks. Aval for promissory ago Shows that in practice, and as usual tradition of the sale of land at high prices. If the purchase of land will be issued promissory notes to pay the land price in advance. Promissory notes shall be issued by the Bank Aval by promissory notes. Such traditions are not even written in the contract, it must be treated as an agreement that the parties must abide by default. Therefore believe that the plaintiff and the defendant had the intent to Aval Bank notes in this case. Despite an agreement to buy land disputes are not even mentioned. When the plaintiff issued promissory notes to settle land disputes without the defendant's Aval Bank Defendant shall have the right to refuse to accept payment by promissory notes it. Case holding that the defendant did not breach the parties. Damages from the defendant the plaintiff has not.
Judgement of the Supreme Court 4932/2545.
District Court Judge under compromise and to give sentence according to the already Court allowed the parties shall be bound by civil P.wi. Section 145, paragraph one of the two defendants will claim later that the second defendant to make a compromise agreement can not find the mistake.
If it must be interpreted in any documentation, but only when the text in the document is only doubt.
Judgement of the Supreme Court 1035/2543.
We do not appear to contract the plaintiff and defendant are related as closely how To cause the plaintiff to raise the land to the defendant by the affection But it appears that the defendant is a party to take possession of land disputes growing residential homes since the plaintiff and the first Sat of the purchase of land by land owners who filed the original. The plaintiff agreed to divide the disputed land to the defendant that the defendant possesses. The plaintiff is requested to issue title deeds to land, including large land disputes. Style agreement that the lease agreement for the non-committed or whether the property which will be made in writing and registered by the authority. But a contract that exists between the plaintiff and the defendant is a special Between the parties, a person entitled to apply the same time. Together with the interpretation of the Commercial Code, Section 368 agreements to be interpreted in good faith desire per se to the usual tradition with When large piece of land, including land disputes and land title deeds issued. The plaintiff has the duty to register and transfer to the separation of the accused under the lease.
Judgement of the Supreme Court 975/2543.
Civil and Commercial Code, Section 466, paragraph two of the subject property and trading defective or the seller of the property advanced shall not exceed the amount of five percent of the total area to be specified that Non-laws relating to public peace or public morality. The parties may be specified in the contract is different from this provision. Specified in the contract. 2 (b) if different from unit area of five percent or more. The parties continue to be bound. The price payable under the contract increase or decrease proportionally. Is not contrary to law and enforceable under the Civil and Commercial Code Section 151 even if an agreement is enforceable. But the court had to interpret the contract according to the wishes of the parties in good faith by the usual tradition per se under Section 368 Commercial Code and when the agreement is no doubt that the plaintiff must be bound by the contract or not. Court shall be construed as a plaintiff, you must pay the debts of the Commercial Code, Section 11, the plaintiff has the right to terminate this contract. Since the size of the edge if the plaintiff would not have known before the contract is made by T Commercial Code, Section 466, paragraph two, which resulted in the parties must return to the same as the Commercial Code, Section 391.
Section 355 guests made the offer to others, which are separated by distance and time do not indicate a response. To withdraw its offer of pay within a reasonable time expected to be told that you meet that are looking for might not be withdrawn.
Section 356 offer made to persons who are immediate identification without time to satisfy the tender offer at any time, any response would be acceptable, but at that time. Use of this you all to a party. One person made the offer to one another by telephone.
Section 357 offer any rebuff to his proposal and then get better or does not meet within the time prescribed in section three of this good before. Then you shall offer it to the end, but that commitment.
Section 358 if the notice comes to overtime, but the response was seen. Seemed that the notice is sent by the official. Which is normally supposed to come. To within know that The proposed notice to the parties to the other party. At once that the word came to meet delay. Unless such notice. Before then, if the offer fails to notice that like in the beginning paragraph. You shall be considered. The notice did not meet the overtime.
Section 359 if the response comes to overtime. You shall be deemed to meet the terms. Into the proposed new terms which satisfy the additional text restrictions or any other amendment. It contains. You shall be regarded as a repudiation not receive Both offer up a new built-in.
Provisions of Article 169, paragraph two that you shall not apply if the proposal contrary to the intent expressed. Or if before receiving the response. Other party the parties know that the proposal died or become incapacitated.
Section 361 a contract between persons who are separated by distances that The contract would be the time when the notice of the proposed response to the intent if the proposal is displayed. Normally not necessary or customary. The notice must satisfy know that You that the contract is a contract up. At a time when there was one. One should assume that it is. Meet the intent.
Section 362 person publish Pledged to reward to whom Action whatsoever. Remember that you must give the prize to any person who has done that one, not even that he will have done the sake of reward.
Section 363 in the case mentioned in the previous section on nobody. Indicate that it is like to live successfully as long as Who pledged their commitment to withdraw. The only way to waste time on the ad. Unless it is shown in the ad. The promise that it will not withdraw if it can not be withdrawn by the first. Be removed by other means, but if such withdrawal shall be completed only available only to persons who have knowledge. If you are committed to a specific term to indicate that the know that He presumed that the person is committed to taking the right to remove the broken promises.
Section 364 if several persons acting in an ad, you indicate that But only those who do only one of the first out. Eligible to be awarded if the person many of the actions that simultaneously You are right that each person will be rewarded with the halves, but if the prize is not divided into good condition. If the message of the commitment. But only one person should be awarded good. You be decided by drawing lots in the provisions of paragraph two above it. You shall not apply. If the ad is intended to show otherwise.
Section 365 has pledged to reward the request. Win the contest. Be complete only when the time period is specified in With the slogan of the contest will determine which one has the conditions to accomplish. Committed within the prescribed time, or not good. Or settled as between the. Many people contest that the people Which is better, however, to judge which Was named in the ad as a judge. Or, if not anonymous referee. It also provides a solid foundation to judge this decision shall bind the person concerned. If all parties with a good score is always the same. You, the provisions of Article 364, paragraph 2 shall apply, as the case of ownership in the property that make up contest. The promise will be transferred to their call when the ad stated that the transfer should be so.
Section 366 of the text of any agreement even if the parties are provided solely as a material which will be agreed upon by all the items that If the parties have not agreed on all the items as long as When a case is suspected. After that you do not have a contract together. Of that understanding. That particular something. Although it will take to find it is not binding if the parties have agreed that the contract is intended to be made in writing to know that When a case is suspected that he had not counted until the contract is made in writing.
Section 367 agreements which the parties shall be deemed to have come up as you want Lo has not yet agreed on any one item. This will be accomplished if the agreement should be inferred that If you do not agree to in this article. We promise it will be made know that The message that you have agreed. There will shall be complete
Section 368 agreement that will be interpreted in accordance with your wishes in your way. Honestly, with the usual tradition per se but with
Judgement of the Supreme Court 1258/2551.
The second defendant to the plaintiff's certification confirms that S. had deposits in savings accounts with a special two defendants who have deposits in U.S. 3,000,000 at that time and defendants will not let two people. Any withdrawal of these from the account unless the consent of the plaintiff's representations are characterized as a commitment that is binding the defendant, 2 and cause the rights to the plaintiff in which to call the defendant to 2 to comply with pledges. above. After plaintiff received the certificate from the second defendant and the plaintiff has been allowed to Sat from the plaintiff to sell the car. One should assume that the intention to meet the commitment of the two defendants by the plaintiff does not have to give notice to the defendant to serve two proposed Commercial Code, Section 361 paragraph two of the other two defendants to be bound by. pledged not to allow any withdrawals from the account of Sor unless the consent of the plaintiff. To allow the defendant to 2 Sat changing account Savings accounts are savings accounts and allow ordinary. To withdraw money from an account that has committed breach of duty under which the plaintiff's right to dispute directly. However, regardless of whether the second defendant agrees to withdraw from your account in good faith or not Sat. When the plaintiff can not force repayment of money deposited in the account to the defendant, Sat 2 is the second defendant is liable to the plaintiff.
Judgement of the Supreme Court 3720/2551.
Two defendants through the purchase of the plaintiff employees at Nakhon Pathom, a landscape. Emenr of the two defendants. Then the plaintiff's staff to send purchase order to the plaintiff in Samutprakarn. In civil court for approval. When the plaintiff's order approved, it will ship only to the two defendants at Nakhon Pathom Province as the defendant either made a submission to the plaintiff that is not immediate, if the plaintiff intends to contract with the two defendants had to the intention to declare response to the two defendants. However, the plaintiff's delivery order to the defendant, both of which Nakhon Pathom Province, and the two defendants received the products to serve the notice instead of holding it. That the place to take delivery of goods is the place value of the case have occurred under Civil Code Procedure Section 4 (1).
The two defendants did not show intent to consider the plaintiff's action approved and implemented. Shipping to the two defendants received a notice to serve. And does not appear that either party has the customary practice to make such contract exists. In the cause of action which the plaintiff's domicile in the jurisdiction of the Court of First Instance.
Although plaintiffs claim that the parties may agree to contract over the telephone or even fax machines. But this case is a contract between persons who are separated by distance Not a contract between the people who are long term. The parties may offer and meet at the same place and at the same time the Commercial Code, Section 168 and 356.
Judgement of the Supreme Court 3924/2551.
Defendant contract management hired the plaintiff as a manager and managed hotel operations of the defendants promised to manage such a period from the date of May 1, 2538 maturity date of December 31, 2548 On March 21, 2548 the plaintiff a written notice wish to extend it to 10 years of hotel management refused to extend the defendant referred to the shareholders of the defendant does not have an agreement. All such agreements have been meaning to find that the defendant must consent to the plaintiff. No immediate management maturity. Because nothing clear enough to show whether or not to extend the contract period. With the intent or purpose of the plaintiff's sole although not difficult, the parties shall be written contract clearly so. Or may be written in the contract waste at all that the contract is valid for 20 years, but the right plaintiff notice that the contract ends when the contract completed 10 years, so the interpretation that the defendant must give the plaintiff renewal issued by the plaintiff. advertise Request to the defendant by the defendant has no right to exercise its discretion and pleasant. The plaintiff in the management or the relationship with each other in time. Past first. It would be inconsistent with the nature of the management contract that requires satisfaction. Satisfaction and trust each other as part of contract agreement with Moreover, when the terms of the contract per se but to the beginning of the message that "Subject to mutual agreement", which means that Agreements in this article are subject to the agreement of both parties. It would show the meaning is clear in that if the renewal away. The parties intended to adhere to match the two sides is more important than intent alone. Of one party sole. The regulation of the defendant and the Shareholders Agreement, it is a requirement in the administration. The business purpose of the defendant. By the type and number of the directors authorized the company to be binding. Each defendant in the business. Has no message or meaning to the obligation that the defendant and the person concerned. The plaintiff hired the defendant must make a defendant's hotel management to another, so when the defendant has no intention to extend the contract management 10 years as the plaintiff requested a single party. Extend the life of the contract management was not affected.
Judgement of the Supreme Court 8260/2550.
Brochures to the general public know that The plaintiff had transferred assets mortgage payment program. To assist debtors with high debts outstanding debt and can not continue. Be able to unlock the existing debt with a mortgage, how to transfer property to the plaintiff, instead of debt. The plaintiff defined the criteria and conditions which are subject to review plaintiff's first The brochure is not clear, of course. So it's just not offer invitations to those interested in the offer came only Request of the defendant expressed a desire to participate. Is classified as a tender offer when the plaintiff did not meet the contract would not cause.
Judgement of the Supreme Court 2339/2551.
Civil and Commercial Code, Section 350 states that do not contract new debt in writing to the creditor. New accounts. The intention is a verbal offer and the corresponding response is considered as the intention to do Debt to each new contract now.
Civil and Commercial Code, Section 366, paragraph two is the case in question. That's a promise that has yet to be made until the books. But the facts in this case does not in any event. To doubt anymore. Because the plaintiff's consent to transfer land from Thor, which under Section 361 agreements between persons who are separated by distance The contract would be the time when the notice of response to the offer. The plaintiff is a transfer of land to meet the intent and the Company shall provide Bank of the contract is up. Without must be in writing.
Judgement of the Supreme Court 6221/2550.
Mortgage Contracts Clause 1. Indicating that the mortgage agreement over land as collateral and debt obligations of any district on the banks of the petitioner a. The existing mortgage and to have all characteristics in favor. All types of debt. The amount of $ 500,000 and agreed to end any second mortgage agreement. Indicate that any liabilities and obligations. The mortgage is insured, including liabilities and obligations of all types everything that the mortgagee in this time and that will continue in the future. When liabilities and commitments types one Or one of the following conditions hold. However, other liabilities and obligations exists or will continue in the future does not hold the end of the mortgage contract will be bound to see that the insurance contract unless the mortgaged property as collateral for a plaintiff to recover money from defendants. The loan agreement then. All types of debt as collateral to the plaintiff will be liable to the other defendants, so it appears that the plaintiff also owe a debt to the defendant at Rangsit. Pathum Thani Province. Despite the debt arising from legal action and the defendant each branch. But a debt due to the defendant that the plaintiff can be considered as well. The plaintiff has a debt to the defendant is liable under this mortgage is. Although plaintiff may have paid the plaintiff to recover debt from the defendant. Rose branch mortgage contract does not completely end the suspension. Defendant has the right to redeem the land is not registered to the plaintiff was.
Judgement of the Supreme Court 3874/2549.
Borrowing more than fifty baht or more. If there is no evidence of the loan in writing signed by one person. Borrowing is important not to sue for enforcement as provided for in Civil and Commercial Code, Section 653, paragraph one of the means as well as prohibited from picking up his defense with When the loans 5,000,000 U.S. claims that the plaintiff and the defendant together Thi Loan from the defendant that there was no evidence of the loan in writing. Defendant may not claim a loan to hold up against the title deed of the plaintiff that the defendant gave it to hold as collateral.
Thi plaintiff agreed to transfer the land to the defendant as a debt hit by the defendant is required to pay additional money to the plaintiff with Rama, a number of which amount defendant must pay the material to be agreed but the defendant have not agreed in detail, that the defendant is required to pay additional money to the plaintiff with a number of Rama. So after that there is no agreement in accordance with the Commercial Code, Section 366, paragraph one of the defendant has no title deed of the plaintiff the right to withhold yet.
Judgement of the Supreme Court 1602/2548.
Lease labeled. When the lease expired and the lessor must give tenants to rent. By the lessor to renew the lease every three years terms such as promises of P. lessor does not appear that the defendant was aware before his death to satisfy P. Given that before. If it does not fall into the provisions of the Commercial Code, Section 360 to Chapter Butter Ye Ye Contact the Commercial Code, Section 169, paragraph two shall apply mutatis mutandis to pledges not bad. The plaintiff is bound to a transferee who is heir to follow. Town house for rent by the defendant to dispute the conditions specified in the original contract. The plaintiff must consent to the defendant rental quarters dispute following the date of 1 January 2536 until December 31, 2538 the renewal lease term 3 next year from the date of 1 January 2539 onwards must be separately considered separately the other hand. Yes, there are bound to find all impossible.
Although the text in the contract will be pledged to the lessor Grad. But these promises will be binding on the renewal of the lease and handed to the next. Plaintiff when they committed before the effective time expired leases end. Top with the intention to serve the defendant had been lawfully committed when Por death of the plaintiff, and then compile the dispute went to the heir to the defendant know that the death Por drought has a request to renew the lease on the plaintiff. On 10 November 2538 Prof Jai as this case must be governed by the Commercial Code, Section 360, which provided, the provisions of the Commercial Code, Section 169, paragraph two shall not apply if before the meet. the other party the parties already know who committed such offer would not have died in force and not a legacy that will bind the plaintiff, a descendant Book renewal lease is of no effect and does not cause a new lease. The plaintiff shall have the right not to renew the lease dispute to the Town defendants. When the plaintiff to the defendant a letter stating that the plaintiff did not wish to dispute the defendant to rent quarters longer and terminate the lease. Contract disputes must quarters ended on December 31, 2538 which is due for renewal on the lease. The plaintiff would have sued the defendant drove.
Judgement of the Supreme Court 1793/2548.
Although the defendant is domiciled in the province Chanthaburi And a request / contract of service radio cellular systems in a manner as to represent the plaintiff's offer to Chantaburi province. But representatives of the plaintiff's request to review and approve the plaintiff contracted with defendant to the plaintiff's residence, located in North District Court. And the plaintiff is the launch signal such a manner as to cause a response of agreement between the parties. Which also is the cause of the argument that the rights which the plaintiff sued the authority. Of action would occur in the North Eastern District court a plaintiff like to present the complaint to the District Court North Civil Code Procedure under Section 4 (1).
Judgement of the Supreme Court 620/2548.
The plaintiff sued to force the defendant to pay for debt arising from the use of service contracts of service radio, which is considered a personal debt over the plaintiff is entitled to present the indictment to the court the defendant is domiciled in its jurisdiction. Or information to the court that the case happened in court as Civil Code Procedure Section 4 (1).
The defendant asked for the radiocommunication service radio systems from cellular offices or agents of the plaintiff. Branch office or representative plaintiff's request to provide / contract for use of radio communication to the headquarters of the plaintiff's approval, when approved, will be the headquarters open radio communication signal is at the head office. Defendant to take the request was filed. Considered that the application would use radio communication to the defendant filed a branch office or agent of the plaintiff. To offer a radio service for the plaintiff. The approval of the head office can be considered Backpacks action one which has the effect of the intention to get a response of the defendant. Despite the intention to act against the defendants who are not immediate. But it can be considered normal customs of the service agreement contract between the plaintiff and the defendant radio acting in this manner. Have formed a contract when the head office to get a response by radio signal to open the result in the defendant can use the service without having to serve a notice to the defendant offered the Commercial Code, Section 361, paragraph. two more when the contract between the plaintiff and the defendant had occurred at the head office is located in the jurisdiction of the Court of First Instance and the plaintiffs sued to force the defendant to pay for debts arising from the use of contracted services to support communication services such Whit. It can be that the Court of First Instance is one of action occurs in the jurisdiction. Civil Code Procedure Section 4 (1) has the power to adjudicate the case.
Judgement of the Supreme Court 3534/2546.
The plaintiff made the offer via fax for reservation between 6 to 12 January 2535 to the defendants on October 25, 2534 the defendant made a response faxed response to a reservation to the plaintiff on the same day. Contract reservation had happened on 25 October 2534 the plaintiff to transfer the money for rent room first installment under the contract to the defendant on November 12, 2534 and the transfer period 2 to the defendant on November 28, 2534 money that the plaintiff transferred. to the defendant after the date of the contract booking deposit is not happening, then the defendants should be forfeited to the Commercial Code, Section 378 (2) because it is not money or anything on the plaintiff to the defendant to do contract The collateral is not in compliance with the Commercial Code, Section 377 agreement when the plaintiff terminated the contract booking on December 2, 2534 the plaintiff and the defendant must return to the same position as is the Civil and Commercial Code Section 391, first paragraph, claims for refunds arising from the termination of this Agreement. No law specifically on prescription. There was an age of 10 years from the date of termination of the contract under the Commercial Code, Section 193/30 is a one year old on Lapamicyrnadg the Commercial Code, Section 419 does not apply.
Judgement of the Supreme Court 1678/2546.
The defendant has notified the buyer to the seller refunded the plaintiff but the plaintiff did not do clothes serve for only the plaintiff to the defendant to help other people to sell clothes. The plaintiff returned to the fabric when a person or other customers to purchase fabric only. When the plaintiff sold some of the fabric so that employees of the plaintiff from the defendant to the fabric. It does not mean that the plaintiff received all the clothes back, but agreed that plaintiff would receive when selling cloth fabric that has only partially. The agreement allows the defendant is the plaintiff sold the remaining fabric. Not agree Returns fabric Defendant is liable to pay the remaining fabric to the plaintiff.
The defendant is unable to pay its debt to the plaintiff because the defendant Bank fabric buyers with financial difficulties is unable to pay debts to the defendant. It is the business of trading gains or losses experienced problems which would normally trade may not always occur can be considered as force majeure, which will allow the defendant free from liability under the Civil and Commercial Code, Section 219, paragraph one
Judgement of the Supreme Court 6509/2545.
Visit the defendant made a tender offer for loans from the bank by the plaintiff agreed to pay interest to the plaintiff at a rate of 14.5 per cent per annum and on the same day. Defendant has entered into lending money to the plaintiff. Waste by allowing interest at the rate of 19 percent per year, which the defendant has already received the loan will be seen that the proposed credit card offer is only accused of offering to the plaintiff only The loan agreement is an agreement in a contract made after the plaintiff has to consider the offer of the defendant. The plaintiff is the interest rate 19 percent per year, so the text or the facts about the plaintiff's interest in the amount of loans to the defendant. It is clear that the number N is suspected or there is an ambiguity must be construed in accordance with the actual intent of the plaintiff. The plaintiff has no right to bring witnesses to successors in interest rates in loan agreements that the rate of 19 percent per annum interest rate if the defendant is in default because it is prohibited to attest under the Code of Civil Procedure, Section 94 (b).
Judgement of the Supreme Court 4547/2545.
Car sales are settlement offer without signing Sat seal of a defendant to meet the requirement specified in the Certificate of Directors of the Company, but has only just Sor Sor was not offered a private Although not the seal of the defendant. 1 in terms of the offer, but a defendant to benefit by delivering cars to the district disputes the purchase price paid and is the recipient of the plaintiff show that S. made a settlement offer to plaintiff's vehicle as authorized. one of the defendants and held that a defendant has ratified the action of S. Then the car trade dispute has become effective under the law. And completed the final sale. When the property vested in the plaintiff has agreed to sell and settle to the defendant, although a car is not registered in the name of the plaintiff's dispute. I find the incomplete transaction. Because the car registration is not proof of legal ownership. Is the only evidence required in order to facilitate the control of the officers only.
The defendant disputed that a car be sold to the plaintiff and the defendant sold to the two other defendants, even at 2 to buy in good faith and registered with the Department of Transport. Named defendants. 2 ownership. I find the two defendants did not dispute the ownership of the car. Because the property belongs to the plaintiff, not the defendant, a defendant that a has no title to be transferred to any longer and that the defendant, a used car disputes to sell to the defendant, 2 violation of the rights of the plaintiff has shown that the. Commercial Code section 1336 provided that the plaintiff has the right to sue for the revocation of registration of vehicles, both defendants filed an application with the Department of Transport has. But for the revocation of trade between the two defendants because the defendant did not dispute that two cars, in good faith. Agreement between the parties has forced the two defendants. Just do not lean the plaintiff may only
Judgement of the Supreme Court 3702/2545.
Books that. With the defendant, a debtor of that. A message kite to the defendant to pay 2,112,450 baht to the plaintiff by the defendant would have to get installation glass and aluminum is already after the agent of the defendant to make. for the work of the plaintiff and the defendant paid the plaintiff to 360,000 baht to record the defendant admitted that the company has unpaid debts amounting to 1,752,450 baht plaintiff books that looks a suggestion The examination of the defendant from plaintiff's award. Plaintiff to pay part of the record and agree that the unpaid debt to the plaintiff. There is a characteristic of the intention to meet with the implicit The contract is between that. And the defendant by the defendant to receive delivery and installation of glass and aluminum from the plaintiff to pay the plaintiff's behalf. Because the defendant to pay the outstanding land and buildings purchased from that. All the contracts are characterized as a contract to benefit a third party. By the defendant to pay the debt to the plaintiff, the Commercial Code, Section 374 by a third party plaintiff to the defendant has the right to demand payment directly to the plaintiff. And contracts for the benefit of any third party without law shall be made in writing or evidenced in writing. That there is no problem in writing that the transfer of claims. And the plaintiff or not.
Defendants are not parties to the plaintiff in the sale and installation of glass and aluminum, but the defendant is a debtor of that. The pending settlement of land and buildings purchased from that. Debts contracted land and buildings would age of 10 years, which is no. The defendant may raise up against that. when the contract between the defendant and that. is a contract for the benefit of third parties. Defendant has a defense contract was the sale of land and buildings to the defendant what the defendant might have raised against the plaintiff. It is a defense arising, but data contract that the defendant agrees to pay the debt of that. To the plaintiff under the Civil and Commercial Code, Section 376, but no law which decreed that the defendant lifted out a defense arising but the data contract and the next. Set glass and aluminum of that. the plaintiff against a third party. Cases, the plaintiff sued the defendant has an age limit of 10 years under Section 193/30 is not the 2 years.
Judgement of the Supreme Court 8898/2544.
The tender notice is only a contract and invite interested people to contract for solid waste from the port along the river destroyed by burial. Submitted for agreement by the defendant to submit a bid package. Subsequently, the plaintiff is the auction and the minimum bid, which made a submission to the defendant, 1 and equal to the plaintiff agree to abide by the terms of the defendant, one in every respect to the defendant, one by the Chairman of the opening sealed tender with. notice to the plaintiff to know later that the plaintiff agreed to accept the offer price can be considered as a response to get a bearing. But notice the auction contract and Article 16 states that when the defendant first let bidders know in writing the bidders have the need to contract in the form of the defendant to one within 7 days from the date of receipt of the notification, so when the facts. that was the first plaintiff and the defendant has not entered into the form of a defendant who is not a contract binding the defendant to a plaintiff and the defendant to a contract and announced to cancel this auction. Whether the plaintiff, who won the tender to do the wrong conditions of tender notice, whether or not the defendant is not considered a breach of contract action against the plaintiff. The plaintiff could not claim damages from the defendants in this one.
Judgement of the Supreme Court 6729/2544.
The defendant stated to the court in criminal cases. I promised to the victim that the money payments to victims within three months by asking the District Court to postpone the pronouncement. And the victim was stated in court that If the defendant can be treated according to the agreement. Victims will withdraw their complaints and claims of any other debt. Statement of the victims are just as committed to the court and not get a response to any of the defendant and the court is the fact that the use of discretion in moving the case to the defendant as stated. Statement of the defendant and the victim in the report of the District Court proceedings do not constitute a legal settlement. Even later, the victim can take the facts as reported to the claims in the proceedings, filed a civil case and filed a notice of withdrawal filed a civil case by reasoning that the defendant did not intend to prosecute to the debt that is the number one debts by check in this case to show that the civil claims of victims do not terminate the facts did not appear that the victims do not wish to pursue criminal prosecution to the defendant would listen, but only that the victims do not want to. is the only civil cases. Right to bring criminal cases to sue the plaintiff in this case is also determined to hold.
Judgement of the Supreme Court 6720/2544.
Hire-purchase agreement shall be in writing. Otherwise, would void the Commercial Code, Section 572, paragraph two that the plaintiff sued the defendant from the victim to check for dispute settlement at the car hire purchase from the defendant when the victim as a copy of a hire car for the defendant made the offer. the victim is only a bid for leases not only look like a lease. Letter to the hire-purchase hire-purchase agreement between the Bank and the defendant company, which even a single car to car according to a copy of a lease for any car. But the victim did not hire a party to the defendant. Agreement with Bank of the victims are not what make the injured party and the defendant became possible. When the plaintiff does not hire purchase agreement between the victim and the defendant to show So that the defendant did not listen to the victim to check for dispute settlement that requires the purchase was legal acts of the defendant is not guilty by a criminal act that caused the check to the Section 4.
Judgement of the Supreme Court 1397/2544.
The defendant made a tender offer to resign by allowing the plaintiff to pay to return the resignation. The plaintiff received a response by the defendant's offer to resign. Therefore the contract between the plaintiff and the defendant has legal effect from the date the plaintiff then filed a request for resignation after the dismissal of the plaintiff by the defendant claimed that the plaintiff, the defendant violated the regulations seriously. Fraud and breach of duty by criminal intent to employers. I find it has no legal effect at that time the plaintiff and the defendant does not have the same relationship as employer and employee. And not ground under the contract or the provisions of the law to terminate the agreement by the defendant and Commercial Code, Section 386 can not be raised to cause the termination of a contract with the plaintiff.
Judgement of the Supreme Court 748/2544.
Brochure containing the text size. Building area for sale price per room, 20-year installment payment agreement installment payment on booking date transferred. Repayment to financial institutions 11.5 percent per year, if anyone is interested in booking any apartment size must request a contract with the plaintiff that the defendant is a party invitation to invite tender offer only. Clearly not enough to hold a tender offer.
Judgement of the Supreme Court 7670/2543.
The plaintiff submitted to Pro Ford invoice to the defendant to have a product description and price of debt. Is indeed a tender offer to sell offer to the defendant at one, when the accused 2 which is positioned as a senior manager, procurement of the defendant to a sign in the Buyer such documents are then returned to the plaintiff the right of the intention to satisfy the purchase instead. defendant to a contract plastic this had happened to be binding on the plaintiff and a defendant.
Judgement of the Supreme Court 2614/2543.
The plaintiff and the defendant made an agreement to purchase land and build contract the defendant building Although not a scheduled transfer of land and buildings, but delivered on a reciprocal agreement. The defendant a debt to be paid compensation to the plaintiff when the leave time pass over a long time without compliance with the contract and has made a request to cancel the contract so that those who entered into the fill to terminate the contract and ask for the money paid back from the defendant. Show that the defendant is unable to perform under the contract continue. Both claim that they have the effect of making the offer to the plaintiff for the plaintiff's intention to terminate the contract or agreement. When the plaintiff fill out a petition request to terminate the contract and ask for a refund from the defendant has received the response to the offer of the defendant. Break up the contract immediately. Defendant to return the money to pay plaintiff the total with interest to the plaintiff.
Judgement of the Supreme Court 5149/2543.
Defendant issued lottery prize The message for those who committed to winning. The defendant must be bound by. Their commitment under the Commercial Code, Section 362 on the plaintiff who won. Although the plaintiff alleged to have made the move to draw. The plaintiff is still entitled to receive the reward of the accused committed. Part of the lottery prize with the lottery, only the message that shareholders. To be eligible for prizes. It is a condition that the defendant has to provide proof of payment of awards to the prize. These conditions will be limited disqualified plaintiff who has won the legal right to find can not The plaintiff has the right to receive the award from the defendant committed the defendant.
Judgement of the Supreme Court 5933/2538.
T. the newspaper with the Ministry of Interior and the central organization is committed to provide clues for those who inform the offender of the Election of Members of Parliament Act, Wed. Fri 2522 promises to be announced to the public. Although the plaintiff was appointed as Chairman of Central Organization for the central organization district. If a person who submits the clues they have the right to receive this award was made permitting the defendant to share the prize money the defendant will be informed of the whereabouts of the plaintiff in condemnation to And is the official liaison for prize money in a case where the defendant is informed. The plaintiffs accuse the PM of the accused officers as agreed with the above would hold that the plaintiff is one of the joint notice clues to the perpetrator and the defendant officers. Therefore, an agreement by permitting split prize Commercial Code is not void under section 150.
Judgement of the Supreme Court 679/2547.
The contract must be construed in accordance with the request in good faith by the normal customary per se with the Commercial Code, Section 368 also must consider the intent more than the actual words and expressions, or the letters from the Civil Code Procedure Section 171, it would be considered only keeps the name of the contract is not absolute. Agreement on the text in conjunction with listening to the evidence that The plaintiff and the defendant knowingly made a contract transferring the master tapes only one master. Not intended contract transferring the copyright in the music at all. Copyright in musical works are still owned by the defendant to 1, so that the accused all four together produce master tapes and 14 songs such as 3 sets a different version of the master tapes of the defendant, a transfer to the plaintiff would not alter. Piracy of musical works which plaintiff
Judgement of the Supreme Court 6563/2545.
Civil and Commercial Code, Section 171 which states that In the interpretation of the intention that Peng intention to aim more true than the words or phrases that letter refers to acts that do the same if it contains no explicit Or conflicting messages, or may interpret as many words. But if the message is clear in the contract. Would not be any need to interpret the intent.
Mortgage contract terms with the end of the mortgage contract expressly stated clearly that the contract of mortgage insurance debt of two defendants on the plaintiff, the provisions are as follows: Civil and Commercial Code, Section 171 to force the need for interpretation of individual witnesses. the true intent of the parties can not find. It prohibited under the Code of Civil Procedure, Section 94 (b) cases that are listening. Land contract mortgage, agreement to end the contract between the plaintiff and the defendant mortgage second mortgage insurance is a contract debts of the two defendants on the plaintiff accused the two can not be jointly liable for the debts of a defendant on the plaintiff.
Judgement of the Supreme Court 5678/2545.
The Commercial Code, Section 368 agreements to be interpreted in good faith upon request. Taking into account the normal and customary with the interpretation of Section 171 of the intention. The intent to focus even more true words and expressions or characters. On the fact that the plaintiff has the business relating to land. Have contracts and allocation of land and many of them have the expertise and excel-how to make an agreement to buy land more than the defendant. Agreement to buy land dispute is a contract employee of the plaintiff ready made. The plaintiff is the economy better than the defendant shall have the authority to negotiate the contract to purchase the land dispute over the defendant. After contracting to purchase the land dispute and the plaintiff a letter to the banks for loans to invest in the project included 155 million baht is for loans to aval promissory note of 43 million baht, which equals the amount of the promissory notes that the plaintiff is required to pay land debate And affiliates of the plaintiff was a loan from commercial banks. Aval for promissory ago Shows that in practice, and as usual tradition of the sale of land at high prices. If the purchase of land will be issued promissory notes to pay the land price in advance. Promissory notes shall be issued by the Bank Aval by promissory notes. Such traditions are not even written in the contract, it must be treated as an agreement that the parties must abide by default. Therefore believe that the plaintiff and the defendant had the intent to Aval Bank notes in this case. Despite an agreement to buy land disputes are not even mentioned. When the plaintiff issued promissory notes to settle land disputes without the defendant's Aval Bank Defendant shall have the right to refuse to accept payment by promissory notes it. Case holding that the defendant did not breach the parties. Damages from the defendant the plaintiff has not.
Judgement of the Supreme Court 4932/2545.
District Court Judge under compromise and to give sentence according to the already Court allowed the parties shall be bound by civil P.wi. Section 145, paragraph one of the two defendants will claim later that the second defendant to make a compromise agreement can not find the mistake.
If it must be interpreted in any documentation, but only when the text in the document is only doubt.
Judgement of the Supreme Court 1035/2543.
We do not appear to contract the plaintiff and defendant are related as closely how To cause the plaintiff to raise the land to the defendant by the affection But it appears that the defendant is a party to take possession of land disputes growing residential homes since the plaintiff and the first Sat of the purchase of land by land owners who filed the original. The plaintiff agreed to divide the disputed land to the defendant that the defendant possesses. The plaintiff is requested to issue title deeds to land, including large land disputes. Style agreement that the lease agreement for the non-committed or whether the property which will be made in writing and registered by the authority. But a contract that exists between the plaintiff and the defendant is a special Between the parties, a person entitled to apply the same time. Together with the interpretation of the Commercial Code, Section 368 agreements to be interpreted in good faith desire per se to the usual tradition with When large piece of land, including land disputes and land title deeds issued. The plaintiff has the duty to register and transfer to the separation of the accused under the lease.
Judgement of the Supreme Court 975/2543.
Civil and Commercial Code, Section 466, paragraph two of the subject property and trading defective or the seller of the property advanced shall not exceed the amount of five percent of the total area to be specified that Non-laws relating to public peace or public morality. The parties may be specified in the contract is different from this provision. Specified in the contract. 2 (b) if different from unit area of five percent or more. The parties continue to be bound. The price payable under the contract increase or decrease proportionally. Is not contrary to law and enforceable under the Civil and Commercial Code Section 151 even if an agreement is enforceable. But the court had to interpret the contract according to the wishes of the parties in good faith by the usual tradition per se under Section 368 Commercial Code and when the agreement is no doubt that the plaintiff must be bound by the contract or not. Court shall be construed as a plaintiff, you must pay the debts of the Commercial Code, Section 11, the plaintiff has the right to terminate this contract. Since the size of the edge if the plaintiff would not have known before the contract is made by T Commercial Code, Section 466, paragraph two, which resulted in the parties must return to the same as the Commercial Code, Section 391.
