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Civil Law Regulation Of Wrong Price Of Website

Posted on:2021-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2416330602478163Subject:legal
Abstract/Summary:PDF Full Text Request
As a new type of transaction,online shopping has brought some convenience to people's life.However,there are more and more legal issues related to online transactions.Among them,the contract disputes caused by wrong pricing of websites are very common,which infringe on the legitimate rights and interests of consumers and hinder the development of e-commerce.Therefore,in order to regulate the wrong price of website and maintain the order of transaction,this paper discusses and studies the establishment of online shopping contract,the cancellation of the contract and the liability for damages after the cancellation.In addition to the introduction and conclusion,this paper is divided into three parts:In the first part discusses the problem of the establishment of online purchase contract with wrong price.If the website price page meets the requirements of the offer,it is an offer.At this time,whether the website automatic reply constitutes acceptance is of great significance to the establishment of the contract,which needs to be analyzed according to the specific content of the reply.For the format terms in the website user agreement that the operator stipulates the nature of the website price page and the contract does not come into force after the payment of the price,but for the format terms about the time of the establishment of the contract,if the obligation of prompt explanation is not fulfilled,the format terms are invalid.The second part discusses the cancellation of online purchase contract with wrong price.Through sorting out the wrong "dualism" and wrong "monism",the author thinks that the wrong "monism" is more suitable to solve such cases.Only when the operator has fulfilled the obligation of a good manager,there is a pricing error,which causes the consumer to have a significant misunderstanding of the price,can the operator be allowed to cancel the pricing error contract,so as to avoid the abuse of the cancellation right.In addition,in the case of the operator's swiping the bill,when the consumer purchases the goods,the contract between the two parties may not be established,which does not involve the cancellation of the contract.The third part discusses the compensation for damages after the cancellation of the contract.The compensation after the cancellation of the contract is trust compensation.When the operator cancels the contract with wrong price,it shall be liable for the damages suffered by the consumers who have reasonable trust due to the cancellation of the contract.When making trust compensation to the damaged consumers,it mainly compensates for the trust interests,including the direct loss of the commodity price and interest paid for the performance of the contract and the opportunity loss of the contract opportunity.The direct loss shall be compensated and the opportunity loss shall be strictly limited.
Keywords/Search Tags:online purchase contract, wrong price, major misunderstanding, trust compensation
PDF Full Text Request
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