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A tort liability dispute case, Che Hanqian v. Lianyungang King-Kangaroo Education Consulting Co., Ltd., Lianyungang Suning Real Estate Co., Ltd. and Suning Plaza Shopping Branch, etc

By PRC Supreme People's Court

February 2, 2023

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

After the lessee of the shopping mall closes down or closes down due to mismanagement and other reasons, he actively contacts the consumer for refund and other matters, and there is no case that the consumer cannot find the transaction object because the operator's whereabouts are unknown, nor is there any case that the consumer cannot distinguish the transaction object because the leasing subject is unclear. The consumer is based on Article 43 of the Consumer Rights Protection Law, The people's court does not support the claim that the mall as the lessor of the store and the lessee of the store should jointly bear the liability for compensation.