It turned out that Ms. Ye felt that her hair was a little long, so she found a barber shop and asked the barber to trim it for her. Who knows, the barber deserted and listened to Ms. Ye's "Princess Cut" as "one size fits all". By the time Ms. Ye realized it, the barber had cut off a lot of her hair.
Afterwards, the barber shop apologized to Ms. Ye and promised to help Ms. Ye pick up her hair for two years for free. Although Ms. Ye agreed to such a plan, she still couldn't get through. More than 20 days later, Ms. Ye came to the barber shop and asked for a haircut. The barber agreed.
She wants to shave the barber's head and ask for 9000 yuan compensation. Ms. Ye saw that the barber promised so simply, but she lost interest, so she asked the barber to discount the free joint and pay more than 9000 yuan. The amount of compensation was unacceptable to the barber shop, and the negotiations between the two sides broke down. It is understandable that Ms. Ye is angry that her beautiful hair was cut because the barber was not serious. From a legal point of view, can Ms. Ye claim compensation from the barber shop?
First of all, the barber shop should make compensation. As an employee of a barber shop, if a barber causes damage to others in the course of his work, according to the law, the barber shop should bear the responsibility. As for whether the barber shop will be held accountable afterwards, that is another matter.
Because the relationship between the barber shop and Ms. Ye belongs to the processing contract relationship, the barber shop did not complete the task as required, so there is no problem for Ms. Ye to claim compensation from the barber shop. Secondly, both parties should abide by the agreement reached, and it is forbidden to unilaterally change the contract without authorization or at will, thus undermining the binding force of the contract.
After the incident, the barber shop has reached an agreement with Ms. Ye, that is, to help Ms. Ye receive and send hair for two years free of charge until her hair grows out. Ms. Ye agreed at that time and the two sides reached a consensus.
Therefore, the barber shop should fulfill its obligations as agreed. However, after returning home, Ms. Ye repented. She asked the barber to cut off her hair in retaliation, and then changed her tune and asked the barber to pay 9000 yuan. Ms. Ye believes that since it is compensation to receive hair for 2 years free of charge, it is also compensation to pay 9000 yuan, which should be equal.
Let's not say whether the value of this free 2-year-old hair is equivalent to 9000 yuan, but as far as the agreement between the two parties is concerned, it is only agreed to collect hair for 2 years. Without the consent of the barber shop, Ms. Ye shall not change the contents of the contract without authorization. However, if the barber shop still can't make up for Ms. Ye's loss by cutting her hair for free, Ms. Ye demands compensation for the difference.
To sum up, it is still a bit difficult for Ms. Ye to replace the free payment with 9000 yuan compensation. But I don't think there is no room for discussion. Ms. Ye Can made appropriate concessions and reduced the compensation amount on the basis of the two-year free delivery agreement. How do you think Ms. Ye should negotiate the claim?