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A Study On Judicial Determination Of Online Shopping Contract At The Wrong Price

Posted on:2020-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:L T XingFull Text:PDF
GTID:2416330590954774Subject:legal
Abstract/Summary:PDF Full Text Request
With the popularization of the Internet and the entry of logistics services into the countryside,online shopping has become an important part of people's Daily shop life.As online shopping greatly facilitates people's lives,it has become a major way for peo ple to shop on a daily basis.Online shopping not only bring convenience to people,but also brought some traditional shopping does not exist problems,such as delivery disp utes,and merchants with the wrong price as a cause of non-delivery disputes is not unc ommon.In this case,there are a variety of negotiated solutions,and if the negotiations are unsuccessful,litigation is another option for resolving such disputes.This paper is a study on the judicial determination of the contract dispute of online purchase with the wrong price after entering the judicial procedure.This paper is divided into four parts,the first part is the outline of the wrong net p urchase contract,including the definition of the concept,the description of the online p urchase process and the introduction of the legislation involved in the existing judicial determination;The second part is the combing of the existing judicial cases of the wro ng online purchase contract dispute,which leads to the controversial focus in the existi ng judicial cases.To provide clues for the problems existing in the judicial determinati on of the latter,the third part analyzes the existing problems in the judicial determinati on,such as: the "Conditions of use" of the entry determination of differences;the legal nature of the "Commodity Display page" is controversial;A major misunderstanding a pplies more far-fetched when the price is wrong;the responsibility of the operator after revocation;And to analyse the reasons for the above problems.The Part IV,based on the analysis of the above problems and the causes,puts forward some countermeasures to the existing problems in the judicial determination.The countermeasures include: u pdating the criteria for the request for obligations under the format clause under the onl ine purchase;displaying information on the Web page of typed goods for sale;Constru cting the specific constituent elements of major misunderstandings;and clarifying the l iability of the operator after the cancellation of the contract.
Keywords/Search Tags:Online purchase contract, Wrong price tag, Major misunderstanding, Liability for fault in contracting
PDF Full Text Request
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