Study On The Problem Of Wrong Price Of Online Purchase Contract

With the development of e-commerce and Internet technology,people have gradually formed a consumption mode based on online shopping.While online shopping brings convenience to people,it also causes a lot of disputes,especially the disputes caused by the wrong pricing of merchants.The essence of the problem of price errors in online shopping is contract disputes.In judicial practice,such disputes mainly revolve around the identification of the nature of the commodity price page in the online shopping platform,whether the price errors in the established online shopping contract constitute a major misunderstanding,and how to remedy the rights of the relevant civil subjects in case of price errors.Nowadays,the phenomenon of pricing errors still occurs frequently.The disputes caused by pricing errors are not over,and the disputes continue.The different value judgments held by the courts will also lead to the accumulation of conflicting judgments.To this end,this thesis summarizes the different views of scholars in the theoretical circle on the above three issues,combs the views in China’s cases and judicial practice,classifies the relevant civil subjects of the mis-priced online purchase contract into different types,and discusses the right relief methods of each civil subject respectively,so as to propose the judicial operation that can solve the existing judicial differences.In addition to the introduction,this thesis is divided into four parts.The first part is to cite three typical cases of disputes over price errors in online purchase contracts,and to elaborate the problems arising from them.From the three typical cases,we can draw three controversial points repeatedly mentioned in judicial practice.First,from the dispute case of online shopping contract between Wei Tieping and Yuxin Company,the focus of the dispute is the nature of the commodity price page in the online shopping platform.Second,the focus of the dispute can be drawn from the case of the dispute between Liu Jie and Shanghai Qibo Information Network Sales Contract is whether the price error in the online purchase contract constitutes a major misunderstanding.Thirdly,the focus of controversy can be drawn from the case of navel orange in Tmall Fruit Xiaoyun Store is how to remedy the rights of relevant civil subjects in case of wrong pricing.The second part is to analyze the nature of the commodity price page.The general way of concluding a contract in China is offer and acceptance.In principle,one party sends an offer,and the other party’s acceptance takes effect when it reaches the offeror.At this time,the contract is formed.Therefore,to judge whether the online shopping contract with price errors is established,it is necessary to first judge whether the information sent by one party is an offer,that is,to judge the nature of the commodity price page.In theory and practice,there are two views on the identification of the nature of the commodity price page.The offer theory holds that the nature of the commodity price page is an offer,and that the contract is established when the consumer submits an order successfully.The invitation to offer theory believes that the nature of the price page is invitation to offer,the order submitted by the consumer is an offer,and the order accepted by the merchant is an acceptance,and the contract is established.This part analyzes two theories and proposes that the parties have a special agreement on the conditions for the formation of the contract,that is,the standard terms are the primary criteria for judging the nature of the commodity price page,the parties have no special agreement on the conditions for the formation of the contract,and the judgment of the nature of the commodity price page should return to the constituent elements of the offer.The third part is to analyze whether the price error in the online shopping contract constitutes a major misunderstanding.On the basis of the establishment of the contract,this part studies whether the problem of price error constitutes a major misunderstanding.In theory and practice,there are two views on whether the price error constitutes a major misunderstanding.If it is affirmed that the price error constitutes a major misunderstanding,the business can claim to cancel the contract on this ground.The negation theory holds that the price error does not constitute a major misunderstanding,and the merchant cannot cancel the contract on this ground.This part analyzes two theories and puts forward the view that price mistakes constitute a major misunderstanding.The fourth part is the way to put forward the right relief to the relevant civil subjects involved when the price is wrong.The civil subjects involved in online shopping contracts with wrong prices include businesses and consumers.In the event of price mistakes,how to remedy the rights of these civil subjects has become an urgent problem to be solved in practice.At this time,it is necessary to discuss the ways to remedy the rights of relevant civil subjects from all aspects.