問26
頻出度★★☆
インターネット上での通信販売が図の手順で行われるとき，特段の取決めがない場合，取引が成立する時点はどれか。
| 注文者（左） | やり取り | 販売者（右） |
|---|---|---|
| 注文メール送信 | ―（注文メール）→ | 受注処理 |
| 受注承諾メール受信 | ←（受注承諾メール）― | 受注処理 |
| 代金支払 | ―（振込）→ | 商品発送処理 |
| 商品受領 | ← | 商品発送処理 |
平成22年度 春期 ITパスポート試験 問26
ストラテジ系ビジネスインダストリ › e-ビジネス
This question's explanation and your answers so far.
解説
問 26
Incorrectア
Sending the order email is only the stage at which the orderer issues the declaration of intent that constitutes an offer, namely “I want to buy this product.” A contract is not established by an offer alone; it is established only when the other party accepts. In fact, the seller may not accept because the item is out of stock or because of a credit-check problem, and in that case no contract is established. In the figure as well, what lies at the end of this arrow is the seller's order receipt processing, and nothing of the seller's intent has come back yet.
Incorrectイ
Order receipt processing is clerical work carried out inside the seller's company, and the intent is not expressed outwardly to the orderer. Acceptance has meaning only once it is communicated to the other party, so no contract is established at the stage where the seller has inwardly decided to accept the order or has processed it in an in-house system. In the figure too, the arrow labeled order-acceptance email goes out after the order receipt processing and then reaches the orderer; the orderer has no way of knowing about the order receipt processing itself.
- ウ
正解 The correct answer is ウ (Receiving the order-acceptance email). A contract such as a sale is established at the moment when two declarations of intent match: the “offer” made by one party and the “acceptance” given by the other in response. Applying this to the steps in the figure, the order email sent by the orderer is the offer, and the order-acceptance email returned by the seller is the acceptance. The question is when this acceptance takes effect: at the moment the seller sends the acceptance email, or at the moment it reaches the orderer. In electronic commerce (EC) such as Internet shopping, the notice of acceptance follows the receipt (arrival) principle, and it is provided that the contract is established when the notice of acceptance reaches the other party. Therefore, when there is no special agreement, the point of establishment is the moment the orderer receives the order-acceptance email, that is, “Receiving the order-acceptance email” in the figure, so ウ is correct. The flow of the figure shows the same thing: before this point only the offer has arrived, and the seller has not yet expressed any intent to the orderer, while the payment of the price and the receiving of the goods that come after this point are merely acts that carry out (perform) a contract that has already been established.
Incorrectエ
Payment of the price is the act by which the orderer fulfills the obligation to pay that it bears under a contract that has already been established, that is, performance of the contract. The establishment of a contract and the performance of a contract are different stages; even if payment has not been completed, the contract itself is already validly established. In the order of the figure as well, the payment of the price is placed after receiving the order-acceptance email, which shows that it is an act occurring after the point of establishment. Likewise, the receiving of the goods that follows is an act of accepting the seller's performance, not the point of establishment.
ここがポイント
- A contract is established when two declarations of intent match: the “offer” and the “acceptance.” In Internet shopping, the order email sent by the orderer is the offer and the order-acceptance email returned by the seller is the acceptance, while the seller's in-house order receipt processing does not meet the requirements for establishment because the intent is not expressed outwardly.
- In electronic commerce, the notice of acceptance follows the receipt (arrival) principle, and the contract is established at the point when the acceptance email reaches (is received by) the orderer. Payment of the price and receiving the goods belong to the performance stage that carries out a contract that is already established; the key to this question is not to confuse the point of establishment with the performance stage.
用語