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| TITLE | Supreme Court Decision 2017Da275447 Decided February 13, 2018 【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] Where an advertisement may be considered as an offer In cases where, despite the fact that advertisements are merely regarded as a means to induce acceptance of an advertising offer, a counterparty to a transaction makes an offer based on an advertisement and a contract is concluded upon an advertiser’s approval thereof, whether said advertisement may be construed as the terms of contract (affirmative) Method of interpreting a party’s intent expressed in an instrument [2] Meaning of “agent” under Article 391 of the Civil Act In the event a third party acted with good intentions but said act was performed based on an obligor’s approval, whether the third party may be deemed an agent (affirmative) [3] In a case where: (a) Party A purchased a voucher, which included a free horseback riding program, of a resort operated by Party B, a farming associative corporation, via an electronic commerce website; (b) upon Party A’s request to go horseback riding while staying at the resort, Party B’s executive director asked Party C to set up a horseback riding program; and (c) Party A, while horseback riding under the guidance of Party C, fell off the horse and sustained injuries therefrom, the case holding that Party B was at fault for the instant accident pursuant to Article 391 of the Civil Act inasmuch as Party C (Party B’s agent) was negligent in the performance of the duty of care |
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