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Chapter 358 Who will pay for the loss if you do something wrong with good intentions

At noon one day in August 2003, a sudden heavy rain came. Zhao Mei saw a dozen or so pots of precious flowers on the roof terrace of her neighbor Wang Qiang.Zhao Mei then ran to the roof terrace of his house and moved the flowers into the house.During the transportation, a pot of flowers was accidentally broken.When Wang Qiang returned home and saw the flowers were broken, he was very angry, claiming that Zhao Mei had taken his flowers without authorization, and asked her to compensate for the loss.Question: Who will pay for the loss if you make a mistake with good intentions?

Zhao Mei's behavior constituted legal management without cause.According to the provisions of the General Principles of Civil Law, in non-cause management, the implementer generally does not need to bear legal responsibility.The question now is, should Zhao Mei be held accountable for the above-mentioned special situation?Zhao Mei did have some negligence, but this negligence was neither intentional nor major.Although the loss Zhao Mei caused to Wang Qiang was greater than the profit loss avoided for him, the difference was not very large.More importantly, Zhao Mei implemented management without cause in order to avoid the loss of Wang Qiang's interests, which is an act encouraged by law.Therefore, we should not be too demanding on Zhao Mei's attention in the process of implementing no-cause management. In the case that Zhao Mei has no major fault, even if she has caused a certain loss, she cannot be required to bear the corresponding liability for compensation.

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Management without cause refers to the behavior of management or service in order to avoid the loss of the interests of others without agreed or statutory obligations.Once the manager of management without cause manages other people's affairs, there will be a certain relationship of rights and obligations between the manager and the beneficiary.The manager should be responsible for the affairs under management, and the beneficiary has the obligation to pay the manager's expenses and losses.

(End of this chapter)