Study On Liability For Breach Of Contract Of The Third-party Group-buying Website Operator

Group-buying online as a new mode of e-commerce is showing a white-hot development momentum. In the-third-party group-buying online, group-buying online website’s participation makes it different from the traditional pattern of group-buying, developing some new features.In practice, the third-party group-buying online products endless problems, causing numerous civil legal disputes. Among them, identifying the liability for breach of contract of group-buying website is the most difficult problem. This article embarks from the practical problems for the legal status of group-buying website as the starting point, On the basis of clearing the specific nature of the online group purchase contract,to solve the problem of thirdparty group-buying website’s liability for breach of contract.Besides the introduction, this paper is divided into three parts. First of all, The first part of the article to overview of online group purchase, defines the online group purchase this article discusses in the third-party online group purchase mode, and introduces the process of the thirdparty online group purchase. According to the related investigation, this article analyzes the realistic problems which causes the liability for breach of contract of group-buying online website in the current online group purchase industry. The second part of the article analyzes in depth the causes of the group-buying website’s problems of liability for breach of contract in the imputation from three aspects such as legislation, industry regulation and legal position. The third part of the article analyzes how to perfect the system of group-buying website for liability for breach of contract.The article puts forward the suggestions on the legislation and the industry regulation. Basing on defining the online group purchase contract as a "new three-party contract”, the article introduces and analyzes the controversial theories of the legal status of group-buying website, and defines it as a special "indirect agent". Besides, the article tries to clear the obligations of the group-buying website, which provides the basis for the improvement of the system of the cognizance of the liability for breach of contract,in order to benefit the solution of the problems of liability for breach of contract of group-buying website.