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在预付式会员卡合同中,消费者处于弱势地位,本文从保护消费者的利益出发,突破传统观念对缔约过失责任的规定,阐述在预付式会员卡合同有效成立之后仍可成立缔约过失责任,从而进一步探讨预付式会员卡缔约过失责任的适用范围和损害赔偿范围。
In the pre-paid membership card contract, consumers are in a disadvantageous position. From the point of protecting the interests of consumers, this article breaks through the traditional concept of negligence of contracting, stipulates that the liability of contracting negligence can still be established after the contract of prepaid membership card is validly established, To further explore the prepaid membership card contracting fault liability scope of application and damage compensation.