A Study On The Effectiveness Of Online Shopping Contracts With Wrong Marked Prices

The emergence of online shopping,a new transaction method,has brought great convenience to people’s lives.However,disputes over online shopping contracts with wrong prices have also occurred frequently.The "Civil Code of the People’s Republic of China"(hereinafter referred to as the "Civil Code")has made a certain response to the online shopping contract,but there is no clear regulation on the validity of the contract with the wrong price.Therefore,based on the national conditions of our country,this paper explores the effectiveness of online shopping contracts with wrong prices through comparative law research,in order to balance the interests between operators and consumers and promote the development of my country’s digital economy.Compared with traditional transaction contracts,online shopping contracts with wrong prices have the characteristics of rapid transmission of wrong price information,asymmetric transaction information,and weak security system.It is necessary to conduct independent research on the types of errors.Summarizing and sorting out the existing judicial cases of online shopping contracts with incorrectly priced online shopping contracts,it can be seen that the disputes over the validity of online shopping contracts with incorrectly priced quotations mainly include whether the contract is established or not,whether the contract that has been established can be revoked or not,and the liability for compensation after the contract is revoked is unclear.these three aspects.In response to these three kinds of disputes,this paper firstly analyzes the nature of the product page for sale,the validity of the user registration agreement provided by the online shopping platform,and the nature of the order automatic reply letter,and comprehensively judges whether the contract is established or not.Secondly,with regard to the issue of whether an established contract with a wrong price is revocable or not,this paper discusses the conditions for applying the contract cancellation due to apparent unfairness or major misunderstanding.The judgment of apparent unfairness should combine subjective and objective elements.This paper focuses on the analysis of the three major elements of major misunderstanding and the special considerations such as the operator’s fault and the consumer’s knowledge of the mistake.Finally,for the issue of liability for compensation after the online shopping contract with wrong price is revoked,this paper combines the legislation and judicial practice of major foreign countries and Taiwan region of my country to determine the nature of liability for negligence in the contract,and argues that the scope of liability should include consumption loss of trading opportunities.