Case Analysis Of The Sales Contract Between The Han And Beijing Century Excellence Information Technology Co., Ltd.

In practice,disputes over e-commerce contracts caused by price errors often occur.The focus of his disputes is mainly two aspects.First,whether the contract is established and whether the operator can cancel the contract according to the major misunderstanding system,and the second is the loss of the consumer.How to bear.This article begins with a real case study and analyzes the two controversial points of the case to explore the two aspects.Through case analysis,the focus of the sample case is whether the e-commerce contract is established and whether the operator should compensate the consumer for the loss.Regarding the question of whether an e-commerce contract is established,it should still start with the determination of an offer and a promise.If the e-commerce platform and the information published by the operator on the Internet meet the conditions of the offer,it should be deemed as an offer.As for the "conditions for use" formulated by the operator,it should be treated as a format clause,and the operator does not use bold.Fonts,pop-ups of new dialog boxes,or obvious prompts before placing an order,etc.,should be excluded from the reminder obligation,and the validity of the relevant provisions of the format clause should be excluded.The consumer shall specify the order through the guidance of the operator's pre-set shopping mechanism,and the success of submitting the order shall be regarded as a promise.When receiving the automatic reply letter from the operator,it has indicated that the promise has reached the operator(offer)People),the contract was established at this time.As for the issue of contract cancellation,the operators in the sample case do not meet the conditions for revoking the contract with a major misunderstanding system.This paper also provides new referee ideas and lists the relevant revocable situations for reference.Of course,in order to prevent "consumer malice",the law needs to give the operator a certain statutory right of rescision to exclude the abuse of consumers' rights.The operator can also set the dynamic inventory quantity through the setting of technical conditions to prevent the formation of an offer,and then take the initiative to establish the contract or not.Regarding the issue of compensation for losses,due to the price error in the e-commerce field,the operators will often refuse to ship the goods,thus causing litigation.The compensation for the loss at this time shall be determined on the basis of whether the contract in question is established or not.If the contract is not established,theprovisions for the liability for negligence shall be applied,and then the scope of compensation for damage shall be determined.The contract has been established.If the sample case is presented in this article,the scope of the loss should be determined on the basis of the liability for breach of contract in the case where the operator expressly indicates that the contract cannot be performed.Of course,the consumer can still request to continue to perform the contract.As for whether the loss of legal fees incurred by consumers can be calculated in the liability for breach of contract,it must be decided on a case-by-case basis.In this sample case,because the operator has been defeated many times as a well-known company,but it still has a good fortune,does not improve the error,obviously does not fulfill the obligations of the good manager,comprehensively consider the amount of loss and maintain the order of the transaction should be judged by the operator Loss of legal fees.