Have you ever experienced a fraud on e-commerce marketplace?
Italian Cassation Court sentence N. 45115 discusses the online fraud in the context of e-commerce framework. In particular, the Supreme Court assessed that online contractual fraud includes the non-delivery of the ordered and payed goods (listed under a “convenient price” libel) and a false residence of the vendor. In fact, the previous elements highlight the presence of the willful conduct to not fulfill contract.
Italian Cassation Court has focused over the “trust” component within online contracts. In fact, e-commerce is based on the inner element of trust between the vendor and the purchaser. Subsequently, purchaser shall necessarily rely on the vendor for what it concerns good characteristics and quality. Under these circumstances, false residence and non-delivery of the payed good indicates the presence of artifices and deception; which determines the fraud offence.
Artifices and deception shall be identified in the following vendor’s behaviors:
– Account registration with an e-commerce marketplace;
– Listing and description of a certain good;
– Listing the good with a “convenient price” libel;
– False residence address.
In conclusion, online contracts fraud shapes the artifices and deception legal requirement according the technology framework e-commerce operates. For this reason, Italian Cassation Court has given precious guidelines to interpret fraud occurring within electronic commerce.