Research On Tort Liability Of The Third Party Platform Of Online Meal Ordering

Online meal ordering transaction is the product of the combination of traditional food transaction and the Internet.The third-party platform of online meal ordering plays the role of the media and plays the role of the counter renter in the whole transaction process.It provides the virtual space for the online food operators and consumers,and is the bridge for the communication between the two sides of online transaction.Relying on Internet technology,the third-party platform of online food ordering has the characteristics of virtuality,openness and neutrality.These characteristics require the third-party platform of online food ordering to have the obligations of registration and examination,the obligations of truthful disclosure,the obligations of reporting-stopping service and the obligations of keeping consumers’ personal information reasonably.Violation of legal obligations is the cause of food safety infringement and infringement of consumers’ personal information.It is also the root cause of many problems,such as unclear rights and responsibilities between third-party online food ordering platforms and online food operators,and difficult protection of consumers’ rights and interests.When discussing the tort liability of third-party online food ordering platforms,the principle of fault liability is applied to food safety infringements,which can balance the responsibility bearing and operating burden of the platforms.Applying the principle of presumption of fault liability to personal information infringement can reduce the difficulty of consumers’ proof and enhance the platform’s sense of responsibility for personal information protection.As for the infringement liability of the third-party platform for online food ordering,the platform shall bear joint and several liabilities with the online food operator in the case that the platform fails to fulfill the obligation of registration and examination and the obligation of reporting and stopping service.In the case of failure to fulfill the obligation of truthful disclosure,the liability assumed by the platform tends to be conditional and untrue.In the act of infringing upon consumers’ personal information,liability forms such as compensation for damages,cessation of the infringement and elimination of the impact shall be applied according to the specific circumstances.