It should be effective, because the e-commerce website is a platform to provide customers with transactions. Han is a customer and has successfully photographed the car through the transaction. The merchant should pay compensation, but the seller said that someone made a mistake, so the person who made the mistake was the first responsible person. He should compensate Han for his loss. If the mistake is just an excuse, then the seller must pay for Han's car. Moreover, Han has the transaction information, which is very favorable evidence in court. In addition, since the transaction has been successful, it means that the seller already knows the buying and selling process, and should also know that Hanhua 1 16 yuan bought a car. Why didn't they even stop it, but gave Han the electronic confirmation letter and contract? This is probably the hype of car companies, but I didn't expect Han to take them to court.
I think it reflects that the supervision of e-commerce related institutions is lax and there are no laws and regulations to effectively protect consumers' rights and interests. The strictness and accuracy of the transaction process should be strengthened.
Case analysis of e-commerce law 1: It is effective, because according to Article 27 of the Contract Law: "The promise can be withdrawn. The notice of withdrawal of acceptance shall reach the offeror before or at the same time as the notice of acceptance. " Therefore, the notice of withdrawal of acceptance must reach the offeror before the acceptance takes effect, or at the same time as the notice of acceptance, before the withdrawal can take effect. If the acceptance notice has come into effect and the contract has been established, the offeree can certainly not withdraw the acceptance. Article 33 of the Contract Law also stipulates: "Where the parties conclude a contract by letter or data message, etc. They can ask to sign a confirmation letter before the contract is established. The contract was established when the confirmation letter was signed. "
2. After the contract is established according to law, both parties must correctly and comprehensively perform the obligations stipulated in the contract. There are three main objects of e-commerce, one is commodity trading, the other is intellectual property trading, and the third is providing agreed services, among which commodity trading is the most common and important. Paying the price and delivering the goods are their main responsibilities and the core of contract performance. If either party fails to perform the contractual obligations or fails to meet the contractual obligations, it will constitute a breach of contract, and shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures and compensating for losses in accordance with the provisions of the Contract Law. In this respect, electronic contracts are no different from ordinary contracts.
Case analysis of e-commerce regulations 1. If the promise is valid, the agreement shall be fulfilled.
Company A has violated the contract.
Case analysis of e-commerce law is hard to find online.
Case analysis of legal problems of e-commerce: violation of contract law is not essentially different from ordinary civil disputes (such as debt repayment). Theoretically, Party A can claim to cancel the contract and ask Party B to refund the money, but whether it can find someone in reality is another question.
Case Analysis of E-commerce Laws and Regulations The promise of Company B is valid because it was made within the time limit (7 days) specified in the invitation letter. The contract they entered into is valid, and the condition for the establishment of the contract is 1, and both parties have corresponding civil capacity. The intentions of both sides are consistent and true. 3. The contents of the contract do not violate the law or public interests. In this case, Party A and Party B meet the three requirements for the establishment of the contract, so the contract is established.
E-commerce legal case analysis, 1000 words or less. In urgent need. Give me a hand. Thank you, B. Electronic signature case.
Introduction:
From June 5438 to October 2004, Mr. Yang met the girl Han. On August 27 of the same year, Han sent a text message to Mr. Yang to borrow money from him for emergency. The text message said, "I need 5000 yuan. I just returned to Beijing for eye surgery and can't go out. Please remit it to my card. " Mr. Yang immediately remitted the money to Han. More than a week later, Mr. Yang received a short message from Han again and lent Han 6000 yuan. For the second remittance, Mr. Yang didn't want to borrow money, because it was all short messages. Since then, because Han has never mentioned the loan, he borrowed from Mr. Yang. Mr. Yang was wary and urged Han. However, the claim was unsuccessful, so he sued the Haidian court, demanding that Han return its 1 1 000 yuan, and submitted two bank remittance slips and two deposit certificates. But Han said that Mr. Yang owed it to her before he survived.
Therefore, during the trial, in the evidence submitted to the court, Mr. Yang not only provided two bank draft deposit certificates, but also submitted a Philips mobile phone with the number "1391166xxxxx", in which some short messages were recorded. For example: August 27th, 2004, 15:05, and then borrow some money to help. August 27th, 2004 15: 13 How can you be so real! I need 5 thousand, no more, no less. Besides, I just returned to Beijing for eye surgery yesterday, and now I can't go out and see anyone. If you support me, you have to remit the money to my card! Wait for the content of 18 SMS sent by Han.
After verification by the judge, the mobile phone number provided by Mr. Yang for sending text messages was dialed by Han himself. Han himself admitted that he started using this mobile phone number in July and August last year.
The court ruled that:
After trial, the court held that, according to the relevant provisions on recognition in the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings, whether the mobile phone number "1391173xxxxx" was used by Ms. Han was clearly stated in the first instance that Ms. Han had entrusted an agent to withdraw her recognition before the end of the second court debate, but the change indicated that she disagreed with Mr. Yi Yang. There is not enough evidence to prove that he confessed under coercion or serious misunderstanding. The plaintiff, Mr. Yang, no longer bears the burden of proof on whether the mobile phone number was used by the defendant, but the defendant should bear the burden of proof on whether the mobile phone was not used, and the defendant failed to provide relevant evidence, so the court confirmed that the number was used by Ms. Han.
According to the provisions of the People's Republic of China (PRC) Electronic Signature Law, which came into effect on April 1 2005, an electronic signature refers to the information contained in a data message in electronic form, with which the signer's identity is identified and the signer approves the content. Data message refers to information generated, transmitted, received or stored by electronic, optical, magnetic or similar means. SMS appears in the form of electronic signature and data message. At the same time, SMS can effectively express the content and can be retrieved at any time; Be able to identify the sender and receiver of data message and the time of sending and receiving. The reliability of the method of generating, storing and transmitting data messages provided by Mr. Yang in our hospital; Reliability of methods for maintaining content integrity; By investigating the reliability of the method used to identify the sender, we can determine the authenticity of the mobile phone short message as evidence. According to the relevant provisions of the rules of evidence, audio and video materials and data messages can be used as evidence, but data messages can be directly used as evidence for ascertaining facts and should be supported by other written evidence.
It can be seen from the short message sent by Ms. Han to Mr. Yang that on August 27, 2004, Ms. Han asked for a loan of 5,000 yuan and asked Mr. Yang to remit the money to his card. On August 29th, 2004, Ms. Han asked Mr. Yang whether the money had been deposited. On August 29th, 2004, the personal business voucher of China Industrial and Commercial Bank showed that Mr. Yang remitted 5000 yuan to Ms. Han. On September 7, 2004, Ms. Han borrowed 6000 yuan from Mr. Yang. On August 29th, 2004, Ms. Han asked whether the money had been remitted. On September 8, 2004, the personal business voucher of China Industrial and Commercial Bank showed that Mr. Yang remitted 6000 yuan to Ms. Han. From September 5, 2004 to June 5, 2005, Ms. Han promised to repay Mr. Yang many times.
The amount and time of changing money stated in the short message sent by Mr. Yang through the number used by Ms. Han are consistent with the amount and time of Mr. Yang's remittance to Ms. Han reflected in the personal business voucher of China Industrial and Commercial Bank, and the short message also contains the meaning of Ms. Han's repayment. The two evidences mutually confirm the fact that Ms. Han borrowed money from Mr. Yang. On this basis, the mobile phone short message provided by Mr. Wang was taken as the true and effective evidence to prove the facts, which was adopted by our hospital and supported Mr. Yang's claim for repayment from Ms. Han.
Main problems:
1. It can be seen from the judge's judgment on this case that the judge cited the provisions of the Electronic Signature Law. Do you think text messages can be used as evidence in this case?
2. How to determine the legal effect of the newsletter?
3. Before the promulgation of the Electronic Signature Law, did you know of any relevant cases?
4. What is the significance of this case?
Simple answer:
In this case, the judge cited the relevant provisions of the Electronic Signature Law to judge the case, which I think is appropriate. According to the case description and electronic signature law, the mobile phone short message in this case can be used as evidence.
The core content of electronic signature law is to give data message, electronic signature and electronic authentication corresponding legal status. The concept of data message is very broad, which basically covers all documents, records, documents and contracts that exist in electronic form. We can understand it as the basic form of all electronic information in the information age. Before the promulgation and implementation of the Electronic Signature Law, we lacked the most basic provisions on the legal effect of data messages, such as whether data messages meet the requirements of written form, whether they can be used as originals, and what kind of evidence effect they have under what circumstances, which is very unfavorable to the development of China's information industry. It can even be said that due to the lack of provisions on the basic legal effect of data messages, the information society we have built lacks the most basic legal protection.
According to the provisions of Article 8 of China's Electronic Signature Law, the factors that should be considered in examining the authenticity of data messages as evidence are: "the reliability of the method of generating, storing or transmitting data messages; Reliability of methods for maintaining content integrity; Reliability of the method used to identify the sender; Other related factors. " That is to say, to examine the authenticity of data messages as evidence, we should mainly consider the following aspects: the operator of the system, the operating procedures, the security and reliability of the information system itself, and so on. For example, whether the system transmitting data messages has considerable stability, how likely it is to be illegally invaded or tampered with, whether it is operated in strict accordance with the prescribed procedures, whether it can effectively identify the sender, and so on.
In this case, according to the provisions of Article 8 of the Electronic Signature Law and related clauses, the judge examined the authenticity of the main evidence-mobile phone short messages, and confirmed the evidential force of these mobile phone short messages when the information source, transmission time, transmission system were basically reliable and the contents of the documents were basically complete, and there was no evidence to the contrary to deny the probative force of these evidences. I think the applicable law is appropriate and accurate, and the judgment method is scientific and reasonable, which meets the requirements of the Electronic Signature Law.
Before the introduction of electronic signature law, there were many similar cases, mainly focusing on whether e-mail can be used as evidence. Due to the lack of direct legal provisions, the Shanghai High Court has also issued relevant explanations. With the promulgation of the Electronic Signature Law, this situation has been fundamentally changed.
According to relevant reports, this case is the first case decided by the court according to the electronic signature law after the implementation of the electronic signature law in China, which is of great significance. It means that China's electronic signature law has really begun to enter the judicial process, and the legal effect of data messages, electronic signatures and electronic authentication has been fundamentally guaranteed. Through the implementation of the electronic signature law, basically all activities related to informatization have their own corresponding judgment standards at the legal level.
Legal cases of electronic commerce. Comment on the case of network service contract dispute: Wen Ku. Baidu, please. /view/ 165d 72 ffff 705 17552989。
Converse Company v. Beijing State Grid Information Co., Ltd. (USA) computer network domain name dispute case: blog. Sina .. /s/blog _ 5d8d96060 100cz3.
(1) content overview:
Company A sends an offer to Party B by e-mail, and Party B makes a promise within the specified time. At that time, the contract had been formed, but Party A failed to perform the contract within the validity period. Instead, after the expiration of the validity period, Party B was informed by Rising International MP to refuse again, and then Party A reached a deal with Party C at another price. Thereby causing disputes.
(2) Company B's promise is valid and the contract they entered into is established.
Because: (1), offer-acceptance is one of the ways to form a contract.
(2) Conditions for the establishment of a contract:
The subject of a contract must have one or more parties;
The procedure of concluding a contract must go through two stages: offer and acceptance, which are the expressions of the true meaning of both parties.
(3) In this case, Party A and Party B entered into a contract by e-mail, that is, an electronic contract.
Within the stipulated validity period, Company B made a promise to Company A's offer, so the promise of Company B is valid.
(3) Company A sold coffee beans to Company C in the United States at a price of $2,300/ton, which constituted a breach of contract with Company B. ..
Because: 1. Party A and Party B signed an electronic contract within the validity period of 7 days from June/KLOC-0 to June 8. Once the contract was formed, it was legally binding and protected by e-commerce laws. Therefore, Company A did not respond to the promise of Company B or the cooperation between the two parties within the validity period, and failed to fulfill the obligations in the contract.
2. Company B made a promise to Company A within the stipulated validity period, but Company A found the mail on June 9, and the validity period expired. After the expiration, it reached a deal with Company C at the rising price in the international market, which constituted a breach of contract.
Regarding the offer, Company A, as the offeror, has the right to determine the offer and update the offer according to the international market price, but after the validity period.
4. Article 1 1 of the current Contract Law lists electronic data interchange and e-mail as written forms, and confirms that electronic contracts have the same effect as written contracts from legal persons.
(4) Thus; There are cases available:
1. Electronic contract refers to:
Broad sense: P255 A contract format drawn up by electronic means, optical means or other similar means to stipulate the rights and obligations between the parties. Narrow sense: refers to the contract drawn up by EDI.
Characterized in that:
1. Two or more parties to a contract can operate on the Internet without meeting each other.
2. A contract concluded in the form of a data message shall be established at the recipient's principal place of business.
3. Legal application of electronic contracts: The law of information messages recognizes that the United Nations Model Law on Electronic Commerce stipulates that, as far as the conclusion of a contract is concerned, unless otherwise agreed by the parties, an offer and an acceptance of an offer may be expressed by means of information messages. Provide legal protection for the legal effect of data messages in concluding contracts.
(5), inspiration:
1. E-commerce is a trade activity in the virtual world. As a sunrise industry, it faces many obstacles, and the formulation of its legal norms should be relatively backward, so we should vigorously improve the legal protection of e-commerce transactions in China.
2. As both parties to the transaction, they should consciously fulfill the corresponding signing obligations in e-commerce communication in order to develop and expand the potential industry of e-commerce.
Now that we know this case, we should not only abide by the laws of e-commerce, but also know how to use legal weapons to safeguard our legitimate rights and interests in our future life.