Referee points
For the purpose of attracting students, the person in charge of an education and training institution publishes false information about the education scale, teaching staff and training results of the education and training institution on the social platform, and informs the parties of the false information of the child in the education and training institution when chatting on WeChat, which is enough to make the parties have false trust and representation.
If the fraudster requests to exercise the right to terminate the education and training contract, the people's court shall support it.
event
Cai rented a place in Hefei as a teaching place for boarding one-on-one guidance.
From July, 20 19 to February, 20 19, Wang's son received counseling here one after another, and Wang paid more than 420,000 yuan for it.
65438+February 2 1, Wang reported that Cai and others fabricated facts to defraud Wang's tuition.
65438+On February 22nd, Cai returned Wang148,000 yuan.
According to the record of WeChat provided by Wang, Cai's WeChat has a face of "Refined Stone Academy". By posting New Year greetings in the circle of friends on WeChat, the College gathered more than 1,000 doctoral professors at home and abroad,10.542 fully enclosed students, and a large number of students were admitted to Tsinghua, and10.000% were admitted to 985.
According to some WeChat chat records of Wang and Cai, Cai said, "Yes. The preferential fee in financial calculation is equivalent to about 80% of the fees that other parents should pay.
Haoran (Wang's Son) has made great progress. Compared with before, the children have changed, and the thinking of mathematics has also been cultivated, and it has only begun to take effect.
"Haoran English Department is personally supervised by the vice president of Hangzhou Branch.
"and so on.
In addition, Wang met Cai through classmates' introduction, while Cai met Cai through outsiders. Because this classmate believed it, it proved that he believed Cai.
Cai called it "Shilian Academy" because there were no other teaching points and students except for the recording of three students at the teaching point related to the incident.
In the tutor "tutor", everyone is studying for a master's degree or an undergraduate degree except others who have a teacher qualification certificate.
At present, Wang appealed to cancel the education and training contract and refund the training fee.
Referee
After trial, the People's Court of Hefei High-tech Industrial Development Zone in Anhui Province held that Cai's series of behaviors and statements deliberately made Wang understand the false situation, misled Wang and made him fall into a wrong understanding. The meaning of publishing mistakes can be identified as fraud.
After the verdict, the education and training contract between Wang and Cai was revoked, and Cai returned Wang's corresponding training fee.
After the verdict was pronounced, both Wang and Cai refused to accept it and appealed.
The Intermediate People's Court of Hefei City, Anhui Province held that Cai posted false information among his WeChat friends and there were also false facts in the process of communicating with the other party. There is fraud in the signing and performance of the contract, which causes misunderstanding of the other party and constitutes fraud.
The judgment dismissed the appeal and upheld the original judgment.
evaluate
The focus of the dispute in this case is whether Cai's behavior constitutes fraud and whether the contract involved should be revoked.
Article 148 of the Civil Code stipulates that if one party adopts fraudulent means and the other party commits a civil legal act against its true meaning, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
According to this regulation, the premise of fraudulent cancellation right is that the other party has committed sufficiently convincing fraud and made a wrong expression of intention accordingly.
Fraud is usually targeted at specific groups, while education and training contracts are targeted at parents.
Because parents are anxious about their children's grades, children's rationality, recognition and judgment are relatively low, and they are easy to trust others and be fooled.
Therefore, in this kind of contract, whether other behaviors of education and training institutions constitute fraud, except those directly implemented by parents as the main body of the contract, should also be judged in combination with their behavioral purpose and behavioral context, subjectively for enrolling students or signing training contracts with others.
Specifically, the following acts should be identified as fraud.
One is to spread false news through more influential people.
In educational and scientific research contracts, it is not uncommon to see things introduced by acquaintances. I prefer to know an excellent teacher or an excellent educational institution through people who are familiar with me, especially reliable and respectable people.
In this link, the fraud of education and training institutions is relatively hidden.
In this case, Cai contacted outsiders and set up a "stone refining institute" in Hefei, Suzhou and Jiangsu. Dozens of students lied about being admitted to Tsinghua University. Believe it, tell others the situation, and others believe Cai based on their trust in it.
The second is to publish false information related to education and training on public social platforms.
Since the media era, it is extremely common to publish information through social platforms such as WeChat friends circle. The powerful function of the circle of friends is enough to spread information in geometric series. Publishing information in a circle of friends is like advertising, and its influence is self-evident.
In this case, Cai sent a New Year message in the circle of friends with "Shijing Academy" as the head, and publicly solicited the overall color difference planning plan of the school in the name of the "Shijing Academy" strategic committee, saying that "Shijing Academy General Hospital is in Suzhou, and its three branches are in Wuxi, Jiangsu, Hangzhou, Zhejiang and Changxing".
Judging from the reality, there are no other teaching points and students except the teaching venue and three students participating in the activities.
The information released by Cai's circle of friends is seriously inaccurate.
The third is to convey the false positive information of students in educational institutions to parents.
Considering the particularity of education and training, the situation of students in training institutions is often only known to the teachers of training institutions, and parents often have trust in teachers and are easy to trust their feedback.
Education and training have long-term characteristics and cannot be achieved overnight. The feedback from institutions is usually an important consideration for parents to decide whether to maintain the training contract relationship.
In this case, Cai made up Wang's belief that his son cheated in school education, so that his children stayed in Cai's educational institutions for a long time.
The case numbers of this case are "2020" ten thousand1912849 in the early Republic of China, "2020" ten thousand1Minzhong 8 152.
Case authors: Hefei Intermediate People's Court and Anhui Higher People's Court Zhang.
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