Research On The Contract Of Online Price Error

In recent years,the development of e-commerce has led to the prosperity of online transaction.Traditional physical transaction is no longer the only choice for most consumers.As a result,many disputes,such as the dispute caused by price error,appear during online transactions.Given the fact that China so far has not put forward legislations or regulations over this problem,the judgment made by the court varies greatly..This paper,after defining what online price error is,discusses its properties,distinctions and forms.By referring to the case of UB MALL TV in Taiwan,we mainly focus on the controversy of the contract of online price error:that it whether the contract is valid or void.If the contract is valid,does the operator have the right to ask to cancel the contract?If the contract is canceled,should the operator take the legal responsibility?Through the analysis of the online commodity price pages,the validity of the format clause of the contract price pages and the effectiveness of the automatic reply of the operator,combined with the practical and academic views,this paper concludes that the contract of online price error is established and valid.The error in online price is caused by misunderstanding.The conclusion of the contract requires the agreement of the parties.If one party indicates that there is a mistake in the contract,then he or she has the right to cancel it.Although we don't have the system of mistake,we have the system of material mistake,according to which the operator can claim to cancel the contract.After that,the operator shall be responsible for consumers,loss.Through the analysis of the legal issues involved in the contract of online price error,this paper proposes following suggestions:firstly,to standardize the contract of online price error to give the operator an opportunity to reconfirm.Secondly,to improve the cancellation process of the contract by clarifying that the online price error can be used as the revocation reason.Once consumers have no objection,the operator can cancel the wrong contract after sending notification.Thirdly,after the contract is canceled,the operator is responsible for consumers'loss.In addition,in order to protect consumers'rights and interests,the online platform can agree with the operator in advance.We hope that through the above-mentioned suggestions,online price error disputes can be avoided and the contract of online price error can be regulated,thereby promoting a good online transaction market.