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Hundreds of cars in the garage are flooded, how to restore the property?
The incident began on May 22, when a flood in Guangzhou, Guangdong Province made the car float in the water, and the video of the perfect reversing was sent out. Heavy rain caused the negative second-floor garage in a residential area to be flooded, nearly 400 cars were damaged, and the direct loss was about 50 million.
Extended data:
The judge's explanation:
The judge who heard the case introduced the principle of fairness, that is, civil subjects should follow the principle of fairness in engaging in civil activities and reasonably determine the rights and obligations of all parties.
In this case, after collecting the parking fee paid by the property company, it should also bear corresponding obligations, including the obligation to provide the site for use and the necessary duty of care. The necessary duty of care that a property company should perform includes the duty of safety prompt beforehand, the duty of informing and the duty of remedy afterwards.
With the development of modern science and technology, heavy rain is inevitable, but it is also foreseeable. Therefore, the property company should promptly notify or remind him; The obligation to remedy after the event refers to taking reasonable and effective remedial measures, such as drainage, trailer, etc., in time after water is found in the garage.
In this case, the property management company did not provide evidence to prove that it had fulfilled the necessary duty of care. According to the provisions of the Contract Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Therefore, the property company should bear the corresponding liability for breach of contract.
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