Veteran lawyer Chel Diokno made online sellers aware of the existence of a contract of sale in relation to “joy miners” in live selling sessions.
The former senatorial bet on Tuesday shared a “legal life hack” wherein he reminded buyers to take caution when commenting “mine” whenever sellers would go live on social media to showcase their products.
“POV: Akaka mo naubos ang live selling mo, pero wala namang nagbabayad…” Diokno shared a text within the video posted on his social media accounts.
According to him, even an exchange of messages or comments between the two parties is considered a contract in the eyes of the law.
“Naipaliwanag na ng Supreme Court na ang Contract of Sale sa pagitan ng buyer at seller ay nabubuo base sa simpleng kasunduan o consent,” Diokno said in his video.
He added that there is already a contract in existence if the following factors are met:
- Agreement that ownership of the product will be granted to the buyer in exchange for paying its price;
- The determinate product;
- Price of the product
“Dahil may kontrata na, may karapatan ang seller na magsampa ng kaso sa bogus buyer kung gugustuhin nito. Sa kaso, puwedeng singilin ni seller ang buyer para sa bayad o danyos perwisyo,” Diokno said.
“Danyos perwisyo” refers to a payment for the damages or injury caused to somebody, usually a payment to a victim of a crime or injury.
“Kaya sa buyers, huwag na mag-‘mine’ nang mag-‘mine.’ Pag-isipan mabuti bago sabihin na bibilhin niyo ‘yung binebenta,” the lawyer said.
“Sa sellers naman, ‘wag rin mamahiya ng mga joy miners. Baka makasuhan naman kayo ng libel. Laging tandaan, always be kind and respectful to each other,” Diokno continued.
A contract of sale is a contract in which one of the parties obligates him/herself to transfer the ownership of and to deliver a determined thing, and the other, to pay a price certain in money or its equivalent.
Lawyers said it is a consensual contract since it is perfected by mere consent.
Meanwhile, live selling is showcasing one’s products through live streams — usually on social media — and allowing customers to buy in real time.
Buyers usually reserve their items by leaving comments such as “pa-mine” or “mine.”
They are then expected to fulfill their obligations by transacting with the seller privately until the product is handed over.