Analysis Of Mr. Chen And Shenzhen Zouxiu Network Technology Company Network Business Contract Dispute Case

The case mentioned in this theis is a typical one took place in online shopping.Because of the lacking of definite rules in law caused the dispute between the sellerand the consumer. In this case, the dispute focused in two aspects:whether the contracthas establised; whether the error of price type in of the defendant can considered bemajor misunderstading. Also, the first aspect brings two questions, one is how to tellthe difference of an offer and invitation to offer; the other one is whether standardterms that the defendent unilaterally pre-decided is effective. In electronic commerce,the main type to the conclusion of the contract is an online clickwrap agreement. Thesignificantly different between a clickwrap contract and a traditional contract is thatthe clauses has been pre-decided by the seller and stored in the database. Theconsumer has to click the agree button to contimue the next step. If he/she clicked thedisagree button, he/she would lose the trading opportunity. Some scholars indutive thecharacteristics of the clickwrap contract as purely unilaterally: to accept, or give upall.It brings more threats to consumer rights.If there is no specification, it wouldcause that the network seller take the principle of freedom of contract as a shield todamage consumer rights as his/her will. Hence, bring the idea of consumer rightsprotection concept to limits the freedom of contract and to achieve the transition ofabsolute contract freedom to just of contract is necessity to the new period of networkbusiness.Through the analysis of the dispute focus, we can compare it with the court’sjudge. This case is a classic network contract one, the dispute focus and the differencebetween the written judgment represents the different views.it also mirrors thatshortage of civil law. Therefore, we ought to take the maturity of the abroadstipulation of network business as examples and bond our practical situation toperfect the electronic business law so that we can provide a better legal environment.