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Chapter 116 The Final Battle (Part 2) Beiharas final statement(1/2)

"Now, please let the plaintiff express his final opinion." Judge Kumagai's voice came from the referee's bench.

The words that came faintly hit Terai's heart at this moment.

When Terai heard the judge's words, his throat suddenly choked up and he had mixed feelings in his heart.

This case has gone through too many things along the way. From the initial request for help in the case, which was kicked back and forth by various law firms, to the meeting with the two young people next to me, and the decision to sue Kawamoto Expressway.

That day, and then the rainy night in Tokyo Bay. That damaged vehicle carried my dream of being an automotive engineer.

There are thousands of words in my heart, but I don’t know where to start.

Terai rubbed his hands and slowly raised his head. The various feelings in his heart were transformed into a simple sentence at this moment: "Let my lawyer speak for me."

After the words fell, the eyes of the audience in the auditorium fell on the male lawyer on the plaintiff's table.

The corners of Beihara's mouth raised slightly. Before standing up, he smiled softly at Miyagawa beside him: "Do you still remember that I said, what is the secret of our victory in this case?"

Miyagawa was stunned for a moment when she heard Kitahara's words. She was feeling depressed because of the emergency interpretation issued by the Ministry of Land, Infrastructure, Transport and Tourism, and she was immersed in some negative emotions. Kitahara's whisper suddenly pulled her out of her inner world.

came out.

For a moment, Miyagawa didn't realize what Kitahara was saying. However, the next second, the memory of that scene suddenly appeared in her mind.

At that time, it seemed to be before the first court session.

She and Kitahara stood on the sidewalk next to the road, waiting for a taxi. Kitahara said to her at that time: "What is the secret to winning this case." Later, when she chased Kitahara and asked what the secret was, Kitahara teased her and asked her to take a taxi.

I read the cause of action of this case several times to myself.

Could it be...

Could it be?!

It was like a glimmer of light suddenly shone in the endless darkness.

Although this light is weak.

But it is enough to light up the road ahead.

Miyagawa opened her mouth slightly, but before she could react, the man beside her had already walked out of the plaintiff's table.

The male lawyer in the gray suit seemed to have fearless courage, with a calm and resolute expression on his face. Even in the face of pressure from the Tokyo District Bar Association and two top law firms, he dared to choose to withdraw from the group.

Litigation, even if the opposite party has even petitioned the Ministry of Land, Infrastructure, Transport and Tourism, he still stands in court and will not give in.

With his thousands of troops, I can't move like a mountain!

"Click, click, click."

The leather shoes hit the ground, making a cool sound.

Beiyuan walked to the middle of the court, and that somewhat lonely figure actually looked a little taller at this moment.

The world seemed to be quiet at this moment, just waiting to hear him speak.

"Chief referee." Beihara's voice sounded. "I would like to draw the attention of the court - the cause of this case is a dispute over a paid use contract. In other words, this case is a contract dispute."

A plain sentence.

It just reiterates the cause of action of this case.

Imanishi was sitting in the dock and was about to laugh at Kitahara's opening statement. However, in an instant, as if he noticed something from this sentence, his whole body froze. Imanishi smelled something from this extremely simple sentence.

Dangerous, and even fatal.

Ordinary citizens present did not feel anything.

However, after carefully savoring this ordinary sentence, the legal professionals in the auditorium gradually changed their expressions.

Like a drop of water falling on the surface of a pool, the almost invisible ripples gradually spread and became visible ripples, then turned into raging waves, and finally turned into a super tsunami sweeping towards the defendant.

The young man standing in the middle of the court continued:

"The Kawamoto Expressway and my client Terai have reached a paid road use contract. Kawamoto Expressway has the contractual obligation to ensure the smooth passage of the road by my client. After my client Terai entered the highway, a traffic accident occurred due to the presence of iron blocks on the road. Kawamoto Expressway

Expressway has violated its contractual obligations and committed a breach of contract. I would like to draw the court's attention to the fact that when it comes to determining liability for breach of contract, our country's law implements a no-fault liability rule."

[No-fault liability rules for breach of contract]

[The so-called no-fault liability for breach of contract means that as long as one party to the contract fails to perform its obligations, or the performance of its obligations does not comply with the agreement, it is a breach of contract, regardless of whether it is at fault. For example, a seller sells a batch of goods to a buyer. The seller

The upstream manufacturer failed to deliver goods in time, causing the seller to be unable to supply goods to downstream buyers. In this case, the seller breached the contract, regardless of whether the fault was caused by the seller itself or the upstream manufacturer.]

[As long as a contractual obligation is violated, regardless of the reason, it is a breach of contract and one must be held liable. This is the principle of no-fault liability for breach of contract]

"Chief Referee." Kitahara took a step forward and said with a serious look, "This case is a contract dispute. Therefore, the real legal issue is not whether the Kawamoto Expressway's performance of maintenance obligations complies with national standards. It is whether it can be based on the Kawamoto Expressway's performance

If the maintenance behavior complies with national standards, Kawamoto Expressway will be exempted from liability for breach of contract."

"Therefore, the real legal issue in this case is whether the Kawamoto Expressway's liability for breach of contract has statutory exemptions, not whether the Kawamoto Expressway's maintenance obligations comply with national standards."

"Under the principle of no-fault, there is only one statutory exemption for contract breach, and that is the force majeure clause," Kitahara raised his voice. "Only earthquakes, floods, wars, strikes, etc. cannot be foreseen by the parties to the contract and are unavoidable."

Only in rare natural and man-made disasters can the liability for breach of contract be exempted. In this case, there is no force majeure situation stipulated by law."

Imanishi's shirt was already soaked with sweat, and cold sweat slowly fell from his forehead and dripped on the table. After hearing Kitahara's words, he suddenly discovered that this reversal was... actually such an obvious

place. And I kept reading the materials over and over again, but neglected this most critical point. This case... this case is a contract dispute, a contract dispute!!

This chapter is not finished yet, please click on the next page to continue reading the exciting content! Yes, the real focus of the defense in this case is the exemption of liability for breach of contract, not whether the maintenance behavior of Kawamoto Expressway complies with national standards!!

In an instant, Imanishi thought of a question again:

Since when did the focus of the trial in this case no longer focus on contractual liability, but gradually became whether the maintenance behavior of the Kawamoto Expressway complied with national standards? Imanishi still recalled that during the first trial, they were still defending

The contract involved in the case was not a civil contract. However, as the trial progressed, the focus of the trial changed inexplicably.

Why is this happening?

When did this change begin to occur?

So much so that I couldn’t even notice it!!

Imanishi raised his head and looked at the young man standing in the middle of the courtroom.

A terrible answer emerged:

Difficult...could it be Kitahara?!

Could it be him?!

A feeling of fear arose in Imanishi's body. If this is true, it means that this young man has an extremely terrifying skill that can unknowingly affect everyone present, including the two defendants.

The lawyers, including myself, a lawyer for the plaintiff, and the three judges on the stage, were all under the silent influence of Beihara. They did not notice that the focus of the trial changed from the issue of contractual liability to the issue of whether the maintenance behavior was in compliance with the regulations!

And all the ambiguity and confusion were just to carry out an unprecedented surprise attack at the last moment and completely defeat the Kawamoto Expressway.

Imanishi already felt an invisible long knife piercing directly into Kawamoto Kawamoto's heart.

Kitahara seemed to notice Imanishi's expression, turned around, smiled, and continued: "Chief referee. Even if we take a step back and admit that the maintenance behavior of Kawamoto Expressway complies with national standards, then does this kind of behavior that complies with national standards?

Can it be used as a reason for exemption from liability for breach of contract? The answer is obviously no."

"Please let me give you an example that is not very appropriate. Suppose a factory discharges wastewater, pollutes the surrounding groundwater, and causes nearby villagers to suffer from diseases. Even if the wastewater discharged by this factory meets national standards, it still needs to be discharged by nearby people.

The health of the villagers is damaged and they bear the responsibility to compensate for the damage. Even if the wastewater meets national standards, it cannot be a reason for exemption. This is true in civil torts and also in contractual relationships."

"According to the strict liability rules of the contract, even if the maintenance behavior of Kawamoto Expressway meets national standards, it cannot constitute a reason for exemption from the contract. All the discussions made by the defendant's attorney in previous court hearings about the maintenance behavior of Kawamoto Expressway meeting national standards are inconsistent with

The legal issues in the trial of contract disputes have nothing to do with it!”

All...all have nothing to do with the trial of contract disputes?!

The citizens in the gallery did not quite understand what the no-fault rule of contractual liability was, but they found that the atmosphere in the court had undergone a subtle change. These ordinary citizens noticed the lawyers in formal suits in the gallery.

He showed a somewhat shocked expression. Combined with the sudden announcement by the plaintiff's lawyer just now, the arguments of the defendant's lawyer had nothing to do with the trial of the contract dispute in this case.

The lawyer named Kitahara seemed to put forward a seemingly incredible point of view.

The direction of this case seems to have taken a major turn in just a few minutes in a way that the general public cannot understand.

Kitahara took a step forward and raised his voice further, "Just now, the defendant's attorney believed that the judgment that Kawamoto Expressway should bear the liability for damages in this case would have an adverse impact on business. In this regard, the plaintiff's attorney also has opinions to express."

The corners of Imanishi's eyes suddenly twitched slightly again. Kitahara not only had to make a legal argument to fight back against himself, but also refuted his own argument about the consequences of the verdict in the case.

But I heard Beihara say: "The core of the business spirit does not lie in the so-called cost-benefit calculation. This is the appearance, not the inside. People are calculating interests all the time. When criminals commit crimes, they will compare the criminal interests and the victim.

Calculation of the consequences of sentencing. In love, there are always moments when two people in love have to calculate what they have to give. Even if they are lying on the sofa at home, they will be calculating whether they should get up and pour water because of a slight dry mouth.

Every moment, every hour, every aspect, we are calculating interests."

"The fundamental core of business is not at all so-called efficiency or cost-benefit calculations."

"Because people are pursuing efficiency and cost-benefit calculations all the time."

"Then what is the core of business spirit?"

Beiyuan suddenly stopped and asked to himself.

At this time, even the three judges on the referee's bench couldn't help but lean forward slightly, wanting to know Kitahara's answer, especially Judge Kumagai's expression was extremely serious.

Yes, if we don’t talk about interests, profits, and efficiency, what else can business be?

What else could it be?!
To be continued...
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