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Author: N. Stephan Kinsella Publisher: ISBN: Category : Law Languages : en Pages : 664
Book Description
This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.
Author: N. Stephan Kinsella Publisher: ISBN: Category : Law Languages : en Pages : 664
Book Description
This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.
Author: Timo Siemer Publisher: GRIN Verlag ISBN: 3640976533 Category : Law Languages : en Pages : 79
Book Description
Master's Thesis from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72 % - Distinction , Bournemouth University (Law Academic Department), language: English, abstract: Approximately eight years ago, an electronic invention called the Internet has initiated a phenomenon of exuberant fascination and economic upturn of individuals and businesses at the same time. The steady increasing amount of online users presents a beneficial medium through which commercial entities can advertise and sell their commodities without mentionable delay. Potential consumers have borderless access to products at competitive prices independent of regional distances. Consequently, it is simply to ask the question "How do people contract over the Internet and are the familiar Common Law principles applicable?" This question is in particular in such an extent controversial and important to resolve, since there is no English court which has dealt with this subject so far. As the traditional contract law has been developed and modified due to new and unfamiliar communication means over centuries, it may be that the existing principles are hardly applicable and insufficient to determine the formation of an electronic contract. Though, it is also imaginable that courts may easily alter the contract law rules to an appropriate extent as they already did with other communication methods. This dissertation is concerned with the demanding topic of formation of contracts in the area of electronic commerce. It tackles legal issues in an environment of various forms of commercial and non-commercial activities using electronic means. As the fields of electronic commerce and practicing business online are constantly increasing all over the globe, legal issues of complex content are steadily challenging traditional law principles, courts, lawyers and legal scholars to develop governing laws and adequate solutions. The dissertation faces and investigates how existing concepts of contract law may apply to cyberspace in a variety of contractual situations and which kind of issues may occur. Hence, the dissertation endeavours to provide contributions in order to clarify imaginable e-commerce conflicts and discloses possible solutions to dispel existing uncertainties of e-commerce users. In order to determine why certain sectors of electronic commerce comprise a multitude of interesting and challenging aspects for every legal practitioner and every person operating online, it is necessary and expedient to provide a comprehensive overview of the broad field of e-commerce and to what extent the dissertation investigates present issues.
Author: Timo Siemer Publisher: GRIN Verlag ISBN: 3640976347 Category : Law Languages : en Pages : 81
Book Description
Master's Thesis from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72 % - Distinction, Bournemouth University (Law Academic Department), language: English, abstract: Approximately eight years ago, an electronic invention called the Internet has initiated a phenomenon of exuberant fascination and economic upturn of individuals and businesses at the same time. The steady increasing amount of online users presents a beneficial medium through which commercial entities can advertise and sell their commodities without mentionable delay. Potential consumers have borderless access to products at competitive prices independent of regional distances. Consequently, it is simply to ask the question "How do people contract over the Internet and are the familiar Common Law principles applicable?" This question is in particular in such an extent controversial and important to resolve, since there is no English court which has dealt with this subject so far. As the traditional contract law has been developed and modified due to new and unfamiliar communication means over centuries, it may be that the existing principles are hardly applicable and insufficient to determine the formation of an electronic contract. Though, it is also imaginable that courts may easily alter the contract law rules to an appropriate extent as they already did with other communication methods. This dissertation is concerned with the demanding topic of formation of contracts in the area of electronic commerce. It tackles legal issues in an environment of various forms of commercial and non-commercial activities using electronic means. As the fields of electronic commerce and practicing business online are constantly increasing all over the globe, legal issues of complex content are steadily challenging traditional law principles, courts, lawyers and legal scholars to develop governing laws and adequate solutions. The dissertation faces and investigates how existi
Author: Joseph Savirimuthu Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
If one mentions online contract formation students and academics intuitively turn to the legal rules. This interpretive community seems less than convinced that the distinctive features of the virtual environment have new insights to offer. Whether that is likely to be the case cannot be ascertained if we continue to map our understanding of online contract formation in accordance with the textbook tradition of contract law. An illustration of this pattern of analysis can be seen by the way that discussion and analysis of online contract formation frequently focuses on two issues: first, the applicability of contract principles and, second, the shortcomings of the Electronic Commerce (EC Directive) Regulations 2002. A consideration of the value of consent and of its role in contract formation and operative factors, with regard to the way in which obligations are characterized, suggests that the overemphasis on the process/method distinction is misleading. The paper demonstrates the following: (a) that, to the extent that the rules of contract formation are relevant, they provide a preliminary and not a final point of understanding; (b) that the dominant role of computers in structuring and processing communications makes it critical to identify the values embedded in the technological infrastructure; and (c) that the narrative of values in the technological infrastructure provides a better route to understanding online contract formation. Illustrations are provided to support the hypothesis. The layer principle, it is suggested, provides an appropriate basis for reconciling contract doctrine with the central role of the Electronic Commerce (EC Directive) Regulations 2002. The paper concludes that attempts to understand the governance challenges for online contract formation through legal rules are misplaced. To understand the contemporary role of contract we need to integrate the communications systems of hardware and software into our understanding of what it is that gives commitments their binding character.
Author: Iman Majeed Hadi Publisher: ISBN: Category : Languages : en Pages : 400
Book Description
Electronic commerce is an increasingly vital part of national economies and the global economy. The promotion of electronic commerce requires clear and effective laws. As electronic contracts are the building blocks for electronic commerce, it is essential for national laws, especially in developing countries, to be sufficiently certain and appropriately adapted to promote electronic commerce.This thesis formulates recommendations for reforming Iraqi contract law in order to promote the adoption of online contract formation. The recommendations are developed by means of a comparative analysis of the relevant laws from two developed countries: Australia and the United States of America. Accordingly, the main research question addressed in the thesis is:Should Iraqi law dealing with online contract formation be reformed, and if so how, in the light of the established legal rules governing electronic contracts in Australia and the United States?The Australian and American legal systems have considerable experience in dealing with electronic contract formation. Although both jurisdictions are part of the common law tradition, while Iraq has a mixed Islamic and civil law tradition, the thesis demonstrates that it is possible to develop practical proposals for reforming Iraqi law from a comparative analysis of the way in which these two developed legal systems have dealt with key legal issues in electronic contract formation. The analysis undertaken in the thesis indicates that there are weaknesses in the existing legal rules governing contract formation in the Iraqi Civil Code, as well as in Iraq's recently introduced electronic transactions legislation.The weaknesses identified in the thesis, which include weaknesses in the way in which Iraqi law deals with offline contract formation as well as with online contract formation, are analysed by means of a comparative legal analysis of the Australian and American laws, and by the application of traditional doctrinal analysis. The methodologies are used to evaluate the strengths and weaknesses of the two legal systems under comparison in order to identify the best elements of the relevant laws, which are then applied to address the key legal challenges in electronic contract formation.The three key legal challenges addressed in the thesis are: the distinction between an offer and an invitation to make offers; the determination of the time and place of contract formation; and the incorporation of terms. As the thesis explains, the legal problems of electronic contract formation do not require a completely new legal paradigm, but can be solved by drawing analogies with traditional legal approaches and, where there are no clear analogies, by reforms which improve the commercial certainty of the legal rules. After examining the key challenges, the thesis sets out a comprehensive set of recommendations for reforming Iraqi law relating to contract formation, as well as elements of the new Iraqi electronic transactions legislation. It is hoped that the recommendations made for reforming Iraqi law may have broader implications, including for law reform in jurisdictions with similar legal backgrounds to Iraq, as well as in promoting the desirable harmonisation of international contract law.
Author: Denise McBurnie Publisher: ISBN: Category : Business & Economics Languages : en Pages : 92
Book Description
The Internet has lead to a revolution in how commerce is carried out. Whilst ecommerce is a new field of expertise, there are still general legal principles that apply to all transactions. This book looks at the changes for business brought about by ecommerce and the resulting legal framework. It examines legal issues that have to be addressed when making sales of goods over the Internet: contract law, contractual terms, capacity and authorisation, and trade practices. The Report explains the legal principles behind new ecommerce terms such as "shrinkwrap", "webwrap" and "cyberstuffing". It discusses terms such as "merchantable quality" and "s 52 of the TPA" in the context of ecommerce. The Report provides a current summary of case law developments in the ecommerce field as it applies to sales of goods and also looks at the implications of the legal principles to practical situations such as web site design, advertising, domain names, and linking and framing.
Author: Larry A. DiMatteo Publisher: Cambridge University Press ISBN: 9781108492560 Category : Law Languages : en Pages : 500
Book Description
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Author: David A. Hoffman Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
I hypothesize that different experiences with online contracting have led some consumers to see contracts -- both online and offline -- in distinctive ways. Experimenting on a large, nationally representative, sample, this paper provides evidence of age-based and experience-based differences in views of consumer contract formation and breach. I show that younger subjects who have entered into more online contracts are likelier than older ones to think that contracts can be formed online, that digital contracts are legitimate while oral contracts are not, and that contract law is unforgiving of breach. I argue that such individual differences in views of contract formation and enforceability might lead firms to discriminate among consumers. There is some evidence that businesses are already using variance in views of contract to induce consumers to purchase goods they would not otherwise have. I conclude by suggesting how the law might respond to such behavior.
Author: N. Stephan Kinsella
Author: N. Stephan Kinsella
Author: Timo Siemer
Author: Taimur Inayat Malik
Author: Timo Siemer
Author: Eliza Mik
Author: Joseph Savirimuthu
Author: Iman Majeed Hadi
Author: Denise McBurnie
Author: Larry A. DiMatteo
Author: David A. Hoffman