전자상거래에 있어서 착오에 관한 연구

The Electronic Commerce(EC) contracted by means of electronic methods has more possibility to cause a mistake than common transactions. A mistake in EC has already happened and been a major cause of disputes. But it is not easy to present a legal settlement about a mistake in Cyber-mall, and is very difficult to say uniformly that a party can cancel a contract on account of a mistake. Therefore, I suggested concrete cases to settle this problem and these cases consisted of buyer's and seller's mistake. Firstly, a buyer is not entitled to cancel an offer where a mistake as to quantity of goods is not a fundamental matter of contract. Where a mistake about quantity of goods was a fundamental matter of contract and seller provided a buyer with webpage to correct an offer, buyer cann't cancel an offer because of a serious negligence. Secondly, if seller advertised goods without a distinction from other goods in a cyber-mall and there was a huge difference between a original price and a price marked, seller can cancel a consent. But if seller discriminated a goods from others in advertisement and buyer could select this goods easily, seller cann't cancel a consent because of a serious negligence. However, consumer who cann't cancel an offer by reason of a mistake can exercise the right of withdrawal according to "the Act on the consumer protection in the electronic commerce transaction, etc".