In this case the issue is the contractually agreed "on" How to understand the defendant before the agreed deadline for the plaintiff's house turned temporary power if liquidated.
Interpretation of contract terms 1. The sale contract should take into account justice. To freedom of contract as the representative of autonomy is the cornerstone of the entire private law, and to honesty, as the representative of the right standard is the center of private law. Typically, the party transactions, completely free of intention and ability to trade fairly, their freedom of contract and the rights should be fully respected, force should not intervene. But modern market complex, especially in some specific industries or fields, ability to trade between the two sides often obvious asymmetry, one of the advantages resulting from the abuse of the transaction when the transaction result unjust situations have occurred, appropriate external intervention balance freedom and justice for the real contract It is necessary.
The case is the sale of real estate contract dispute, the parties to the transaction Forward House rather than existing homes. First, the defendant as well-known large-scale real estate enterprises, the possession of social resources and information are the opposite party as the plaintiff can not match, so the entire contracting, compliance process in the pre-sale contracts, the defendant has been in active and advantages status, control more critical information, have more right to speak; on the contrary, the plaintiffs more buyers in a passive position, the basic information from the other side, no more chance to bargain with each other. Secondly, with regard to the professional knowledge of housing transactions as defendants professional team, with respect to general buyers of the plaintiff, the same has the absolute advantage; and for the Forward House, the defendant also has crucial information about the future quality of housing, community and the surrounding environment the absolute control that the plaintiff known about this small, mostly based on trust Contracting defendant, which even blind trust. Once again, the houses were not timely, accurate and complete disclosure of all transaction information, in order to fully meet the buyers' right to information, on the contrary, they are almost always full advantage of their strengths to maximize their own trading interests. Based on the above, the Court's interpretation of the disputed terms of the contract, in respect of freedom of contract, but also should fully take into account the substantial justice of the transaction.
2. The interpretation of the contract must comply with the purpose of the transaction. Contract is true intention of the parties, in order to achieve a particular purpose of the transaction. Therefore, when the contract around specious or contradictory, or afterwards when the two sides understand the exact meaning of the specific provisions of disagreement, the two sides should seek the real meaning or proper representation according to the purpose of the parties. Case, housing is one of the sources of urban housing, the city you want to live life that must be met, where stable power supply is one of the basic conditions of life. Since the contract "power" must meet the "Conditions of Use", then, here's "power" means the power must be capable of long-term supply and steady, usually refers to access municipal supply network. The temporary power supply usually does not ensure its long-term, sustained and stable, it does not comply with the provisions of "power supply business rules", and that it can not be regarded as in line with the contract, "Conditions of Use" of "power."
