A Study On The Legal Issues Of Price Errors In Online Shopping

From the three selected cases in this paper, through the analysis of the theories behind them,by summing up the focus of the disputes in practice, according to "contract law" and the theories relevanted,aim to providing solvations for future practices. By analysing the nature of the goods saling webpage, to determine the establishing time of the online shopping contract, and to analysis the types of price error. In the foundation of the theories about home and abroad, discussing the way of solving pricing errors in online shopping. During the study, the article's main intention is to provide suggestions for practice, hoping the parties get a better relief.This article is divided into five parts:The first part is about the cases and the problems which arising. Through the three selected cases to analyses the views of the court, leading out the disputes on price errors, such as the nature of the goods saling webpage, the contract established or not and whether the web operators could according to price errors revoking the contract or not. These problems will be solved from part two to part four.The second part is about the influences that price errors to the establishment of the contract. Online shopping usually affects the establishment of the contract because of the wrong price. The nature of the goods saling webpage should not be definitely defined, but should be based on the specific circumstances, and to identify it through the elements of offer. About the confirmation letter's nature is also in dispute between consumers and Website operators. The nature of it is based on the judge of webpage's nature.The third part is about whether the pricing error is one kind of revocable declaration of will or not. The causes of pricing error are multiple, in order to distinguish the revokable pricing error,this part study on the types of the causes of pricing error. By introducing the theories in home and abroad, it can be revoked when the pricing error in accordance with the elements of misunderstanding.The forth part is about solutions of the pricing error. This paper first analyzes the legal consequences of the pricing error and the legal consequences arising out of it,then analyzes the wrong price relief. There are two aspects to solve it, hoping both parties can get a properly relief.The fifth part of this article is conclusions. For the nature of the goods saling webpage, this article believes that should be based on specific circumstances to determine appropriately. Confirm that the nature of the letter does not conform to the constitutive requirements of the commitment, but only to the meaning of the notice. The establishment of the online shopping contract should, first of all, according to the agreed parties; if there is no agreement, should according to whether the consumer is aware that the website operators' statement about when contract is established or not. When the pricing error is in accordance with the elements of misunderstanding,it can be revoked,but at the same time,the interests of consumers should be appropriately protected.