ABSTRACT
This chapter looks at the damage that can be caused to consumer users in the course of utilizing automated marketplace and, to a lesser extent, shopping agent services seeking to ascertain whether European Union law avails of a relevant liability regime through which consumers can recover such damage. Damage to property, in particular to the hardware and data or software of the consumer user of an automated marketplace, cannot be excluded. Economic damage may also result from misleading representations in or in relation to the listings displayed on shopping agent platforms or within communications sent to consumer contracting software by merchant contracting software on automated marketplaces. Damages for “distress, frustration, anxiety, displeasure, vexation, tension or aggravation” can be recovered also when the matter is of importance to the aggrieved party and that was made clear to the other party whose required action in relation to the said matter was also clearly specified in the contract.
