The Analysis Of Liability For Breach Of Contract On O2O Group-buying

In recent years,as a new type of Online Group Shopping,with its low price,easy to use and other characteristics,it occupy the market rapidly,by 2015,the market share of O2O group-buying reached 8 billion 760 million.However,with the rapid development of O2O group-buying,the quality of the service is uneven,resulting in frequent consumption disputes.However,due to the special operation mode of online to offline,the relevant laws and regulations are not clear,in the event of disputes,consumers are difficult to distinguish the responsible people.The purpose of this study is to make the civil legal relationship of O2O group-buying clear in the consumer,business entities,to find out the real responsible people,make clear the form of liability,protect the legitimate rights and interests of consumers better.In this paper,the writing idea is finding the problem,Analyzing the problem and solving the problem.The structure of this paper can be divided into three parts,the first part introduce the concept of Online Group Shopping by comparing with the traditional Online Group Shopping,and analyze the unique mode of operation of O2O group-buying,then introduce the consumption disputes of O2O group-buying in the form of case,to lay the foundation for the analysis of the legal relationship.The second part,there are various theories about the legal position of the three parties in the O2O group-buying,this paper analyses the various theories on the current law to get the clear legal status of the three parties,and then analyzes the legal relationship between the three parties.Then,based on "contract law",it is clear about the rights and obligations of the three parties and the attribution and commitment of the liability for breach of contract.The third part,in view of the emergence of O2O network group buying this new trading pattern and the recognition of the liability for breach of contract in reality,put breaking through the relativity of the contract forward to the cognizance of the responsibility of breach of contract of the O2O group-buying,and analyze its necessity and feasibility.O2O group-buying is a new thing,few literature mention it and some paper talked about it in general terms,there is no detailed analysis of the core issues about legal relationship in the O2O group-buying.This paper focuses on the legal relationship between the three parties and the liability for breach of contract,and ultimately want to be able to make clear the attribution of responsibilityand to make a contribution to the improvement of the liability of the O2O group-buying.