Abstract:
There are various differences between the way we provide our necessities nowadays and the ways our grandparents did it many years ago. Appearance of big stores has played a magnificent role in this regard. Providing a long period of time، vast area، and right to choose articles freely from the shelves are the most important characteristics of this kind of sale. From jurisprudence point of view، the time of concluding contract and passing liability is very important to be discussed. One of the most remarkable questions in this regard is that if an article damages while it is in the cart of buyer، who should pay for the damage: the buyer or the store? The first step to answer the question is the interpretation we have from taking goods from the shelves of the store. If we consider it as offer، then no contractual responsibility can be recognized and general principle of tort law may result in responsibility of the buyer. But if we interpret it as acceptance of a unilateral contract offered by the store، then we can benefit the advantage of some sort of contractual responsibilities. However، taking into account the aim of providing such a vast area for shopping and unfair contractual position of the parities، it seems that it is not acceptable to consider responsibility for the buyer while she was acting reasonably and without fault.
Machine summary:
Legal Effects Arising from the Time of Contract Formation in large stores<FootNote No="30" Text="1- Date of receipt: 1/9/1388 Date of acceptance: 2/12/1388"/> Soudeh Nategh Nouri<FootNote No="31" Text="** PhD student in Private Law at Islamic Azad University, Science and Research Branch, Tehran soudeh_nouri@yahoo.
<TD>Abstract: Keywords:</TD> Guarantee, loss of the sold item, sale in large stores, contract formation, offer, acceptance Introduction Nearly a century has passed since the creation and prosperity of large stores or self-service stores, defined as "a system in which buyers freely select their desired goods in the store and then place them on the counter for calculation"<FootNote No="32" Text=" Edward L.
Section One) Liability for the loss of goods between picking them up and placing them on the calculation counter The strongest opinion regarding the time of contract formation in large stores is the one that considers the sale to be realized at the checkout counter.
<FootNote No="42" Text=" For further study in this field, refer to another article by the author titled &amp;quot;The Seller's Liability towards the Buyer in Large Stores&amp;quot;, published in the Govah Legal Quarterly, Imam Sadiq (AS) University, No. 12, Spring 2008.
2. 1-Definition of unilateral promise to sell: A unilateral promise to sell refers to a situation where one of the parties to the contract, usually the seller, commits to the terms of the agreement in such a way that, "the seller determines the terms of the transaction and the price, declares their intention to transfer the sold item, and postpones the transfer to the desire of the buyer, so that if the buyer accepts the offer, the contract is concluded"<FootNote No="44" Text=" Previous source, p: 68.
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