Study On Network Group-buying Contract

With the rapid development of Internet technology, E-commerce has been greatly popularized and has substantially become an essential part of daily life. At the same time, people’s excessive preoccupation about E-commerce no longer exists. Since 2009, group-buying as a significant component of E-commerce has become a new way of consumption. Thus far, China’s laws on group-buying are incomplete, and consequently disputes transpire as a result of the rises and falls of considerable group-buying websites. Websites, being a platform for group-buying, still remain vague in terms of its legal status. Therefore, we contend that it is of great importance and practicality to analyze the legal status of group-buying websites as well as discuss the agreements and the legal liabilities prescribed in group-buying contracts.This study starts from the first service contract dispute triggered by group-buying transaction in Tianjin, attempting to identify the legal issues in group-buying contracts based on which a detailed analysis is performed in order to offer relevant suggestions. This easy consists of five parts. In introducing the background, we first clarify the concepts of group-buying, group-buying contracts, and the standard procedures of group-buying by referring to a specific case of group-buying dispute. We, then, try to define the characteristics of group-buying contracts and meanwhile analyze the pros and cons of the three most recognized theories concerning contract, namely, intermediary contract theory、agent Contract theory、contract of commission theory. Conclusions are made in regards to different perspectives on the nature of group-buying contracts. We tentatively define group-buying contracts as Internet-based neo-service contract and then discuss the validity of this definition. After defining group-buying contracts, we continue to discuss the remarkable features involved in the formulation and validation of the group-buying contract as means of analyzing its standard terms. In the discussion, we also offer concrete examples whereby consumers may come to understand these clauses of style to both protect their rights and reduce group-buying disputes. Next, we exemplify the possible defaults in the process of contract performance, including anticipatory breach、non-compliance perform and refuse to perform the contract. Finally, we discuss the legal liabilities caused by the defaults, and elaborate how consumers, vendors, and group-buying websites are to bear these liabilities.