Responsibility of intermidiary in contracts concluded by marketplace model

The article is concerned with the analysis of the specificities of regulation of legal relationships between the participants of the process of conclusion and execution of contracts based on the marketplace model. The article provides a general description of a business model for the marketplace, as well as the benefits that each side of the legal relationship receives when collaborating on such a model. The specifics of the legal design of the relations of the parties to the transaction are analyzed, the plurality of methods for legalizing the relations of the parties according to the marketplace model is indicated. A detailed description of which contracts are concluded between the parties to a transaction most often and what legal consequences leads to the conclusion of these transactions is given. The article also describes the benefits of an economic and tax nature that an entrepreneur receives from doing business using the marketplace model and which stimulate the widespread adoption of such a business model. From different perspectives, the issue of the intermediary’s responsibility to the client for the damage caused to him when concluding agreements on the marketplace model is analyzed. Firstly, legal relations are analyzed from a formal point of view, based on a literal interpretation of the agreements concluded with the client. In this case, it is possible to conclude that there are no grounds for holding the intermediary liable for damage caused to the client. Secondly, legal relations are analyzed based on the essential analysis arising between the client, intermediary and contractor. In this case, the responsibility of the intermediary can be interpreted more broadly. An example is examined from actual judicial practice, which shows the priority of the essential approach over the formal one. Evidence of the need for a more detailed doctrinal study and legislative regulation of the liability of intermediaries involved in the remote conclusion of contracts is provided.

remote contract, information intermediary, marketplace, responsibility