Research On Mistakes Of Expression Of Intention Of Online Group Buying Contract

Mistake of expression of intention in online group buying is the same with mistake of expression of intention in conventional sense essentially. Because mistake of expression of intention transmits quickly on the internet and reasons of mistake are complex and input or system produces mistake and other special types of mistake make existing laws and regulations about mistake of expression of intention cannot very suitable for the deals of online group buying. It should be different from the product information of conventional online shopping platform when identifying legal nature of group buying information. In the absence of making it clear that it is an invitation for offer, it should be treated as an offer. The legal nature of confirmation letter of order should be analyzed specifically according to its content. To identify the person who makes mistake of expression of intention in contract should depend on the identification of legal relation of internet group buying contract. For example, if the legal relation of internet group buying contract be identified as duty of performance relation of the third person, then the person who makes mistake of expression of intention in contract is the proprietor of the group buying website or the consumer; but if the legal relation of internet group buying contract be identified as analogous intermediary relation, the persons who make mistake of expression of intention in contract are probably sellers and consumers. The particularity of mistake of expression of intention in online group buying determines its particularity of remedies, and the exertion of right of contract withdrawal and responsibilities of mistake and other problems have made a breakthrough of conventional contract law. Our existing civil laws and regulations should be improved after learning mistake of expression of intention, its responsibilities, remedies and right of contract withdrawal of foreign countries’ relevant laws and regulations.