Responsibility of the electronic provider and good faith of the consumer [1.2828]

Abstract

The importance of this ruling is that it modifies the interpretative criteria that the Santiago Appeals Court has had in matters of strict liability of suppliers when there has been an error, such as the price of a certain product. With this ruling, the protectionist criterion is placed in a more appropriate position, since it establishes that consumers cannot take advantage of their own fraud when there has been an excusable error in the price to obtain unfounded and disproportionate profits. The Court ultimately applies a control mechanism to the pro-consumer principle, within the framework of the protective nature of Law No. 19496.