Tom’s Tumultuous Tale of Nightclub Knack and High Spirits Hijinks

Tom was the king of the club, the sultan of sales, the master of the merry mingle. His secret? He was a veritable genie of good times, granting the wishes of those with pockets as deep as their desire for nocturnal excitement. If you were a big spender yearning for laughter and a dance or two, Tom was your go-to guru of glee.

But, alas, in the jungle of jive and jostle, Tom’s uncanny knack for knowing what made the cash cows moo with delight drew the green-eyed glances of his less-gifted colleagues. Plots were hatched, and through a series of underhanded shenanigans, our hero found himself ejected from his kingdom of charisma. No more VIP whispers, no more clinking glasses in his honor.

The club, in a move as silent as a disco ball in daylight, kept mum about Tom’s tragic exit. But Tom, never one to slink away into the shadows, concocted a scheme as sparkling as the sequins on a dancer’s dress. He whispered sweet nothings of a faux “fire sale” into the ears of his once-loyal clientele, selling phantom memberships at a price that made Black Friday look like a billionaire’s shopping spree. And just like that, 200,000 Yuan made its grand exit from the wallets of the unsuspecting into Tom’s triumphant hands.

But why stop at membership mischief when you can add a twist of whisky whimsy? With a forgery flourish of the company stamp, Tom played maestro to a symphony of seals, orchestrating a delivery of a thousand bottles of the finest whisky to his former stomping grounds. The nightclub, caught in Tom’s intoxicating illusion, footed the bill for a party they never planned.

So, where does this leave our swindled spenders and bamboozled bar? Are the membership cards worth the plastic they’re printed on? Is the whisky contract as empty as a bottle after a bachelor party?

Law In A Minute

Both contracts are considered valid.

Tom, having been terminated, was no longer an official representative of the nightclub. Despite this, the establishment failed to inform their clientele of his departure, leading them to retain the reasonable belief that he was still associated with the venue. The clients transacted with Tom in good faith, and it is the nightclub’s responsibility to rectify their oversight by honoring the commitments made. They can pursue compensation from Tom, but they cannot penalize the clients.

The whisky contract also stands as valid. While Tom was not an actual employee when he falsified the nightclub’s stamp and entered into an agreement with the whisky supplier, the nightclub itself is not at fault in this instance. As the contract had not been contested or invalidated by the nightclub, and they proceeded to fulfill the order by making payment, this act signifies an enforcement of the contract, thus affirming its validity.

Legal Basis

Civil Code

Article 172

If an individual engages in an act of representation without having the power of agency, exceeds the granted power of agency, or continues to engage in representative acts after the termination of their agency power, and if the third party has reasonable grounds to believe that the individual possesses the authority to act as an agent, then the act of representation shall be deemed effective.

Article 503

Where an unauthorized agent enters into a contract in the name of the principal, and the principal has commenced performance of the contractual obligations or accepted the performance by the other party, such actions shall be deemed as ratification of the contract by the principal.