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Formation Of Electronic Contracts Under Traditional Common Law Principles


Formation Of Electronic Contracts Under Traditional Common Law Principles
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Formation Of Electronic Contracts Under Traditional Common Law Principles


Formation Of Electronic Contracts Under Traditional Common Law Principles
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Author : Timo Siemer
language : en
Publisher: GRIN Verlag
Release Date : 2011-08

Formation Of Electronic Contracts Under Traditional Common Law Principles written by Timo Siemer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08 with Law categories.


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



The Law Of E Commerce


The Law Of E Commerce
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Author : Dr. Abdulhadi M. Alghamdi
language : en
Publisher: AuthorHouse
Release Date : 2011-11-17

The Law Of E Commerce written by Dr. Abdulhadi M. Alghamdi and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-17 with Law categories.


The Law of E-Commerce E-Contracts , E-Business Electronic commerce raises some legal issues, including whether the contract must be in a particular form or authenticated; validity, time and place of communication; cross-offers and battle of forms. This book analyses the legal problems relating to contracts formed on the Internet, including the use of electronic agents, the enforceability of clickwrap agreements, electronic payments, and choice-of-law and jurisdiction issues. These issues are considered from the UK common law point of view and according to the SICG, UNIDROIT Principles, PECL, UNCITRAL Model Law, and the Uniform Commercial Code.



Electronic Contracts


Electronic Contracts
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Author : Simon Blount
language : en
Publisher:
Release Date : 2009

Electronic Contracts written by Simon Blount and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Common law categories.


Electronic Contracts: Principles from the Common Law identifies issues of contract law that are uniquely problematic for electronic contracts. In this new book, the author discusses the most important appellate decisions from other common law jurisdictions and seeks to provide the reader with an understanding of how these decisions may influence the development of the law here in Australia. The book examines the extent to which the common law applies familiar contract law principles to unfamiliar problems, such as whether sufficient notice of terms can be given by hyperlink. It also examines the extent to which the common law may expand familiar principles to fit unfamiliar problems. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Important Features: · Detailed and scholarly coverage of the topic · Applies a comparative approach · Author considers over 150 common law electronic contract cases at appellate level



Electronic Contracts 2nd Edition


Electronic Contracts 2nd Edition
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Author : S. Blount
language : en
Publisher:
Release Date : 2015-07-28

Electronic Contracts 2nd Edition written by S. Blount and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Contracts categories.


In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014



Online Contract Formation


Online Contract Formation
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Author : N. Stephan Kinsella
language : en
Publisher:
Release Date : 2004

Online Contract Formation written by N. Stephan Kinsella and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


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.



Implicity Of Electronic Contract Formation With Reference To Email And Website


Implicity Of Electronic Contract Formation With Reference To Email And Website
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Author : Taimur Inayat Malik
language : en
Publisher: Universal-Publishers
Release Date : 2011-12-19

Implicity Of Electronic Contract Formation With Reference To Email And Website written by Taimur Inayat Malik and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-19 with categories.




E Contracts Essentials Variety And Legal Issues


E Contracts Essentials Variety And Legal Issues
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Author : Benita Ezeigbo
language : en
Publisher: GRIN Verlag
Release Date : 2018-06-22

E Contracts Essentials Variety And Legal Issues written by Benita Ezeigbo and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-22 with Law categories.


Academic Paper from the year 2017 in the subject Law - Media, Multimedia Law, Copyright, grade: 75%, , course: Intellectual Property Law, language: English, abstract: The very rapid emergence of industrialization, globalization and technicalities formed a great basis for the growth of technology and the rise of this computer age. Electronic commerce is one of its products seeing that it is a major economic significance of the 21st century. Thus, internet is a new culture that has undoubtedly come to stay and while it remains, changes our own style. The wide range of activities performed with the use of internet has proven to outweigh the old-fashioned way of doing same activities. The creators of computer must not have imagined how super useful their creation stands globally today. The internet has a great deal of impact on business and its practices, local markets will be mostly replaced by global markets. This change will lead to new business models and of course, the birth of E-commerce. One of such E-transactions includes Internet contract, which is E-contract. In conclusion, the paper establishes that in all ramifications, electronic contracts have been positive enough to human living that it is now a do-without in our day to day living. At the same time, its venom cannot be overlooked. Like a wild fire, if appropriate measures are not taken, it will consume even the most advanced of men, and the very literate. Privacy issues are my most dreaded concerns. The authenticity to protect information is so uncertain and yet, so unavoidable in most cases. Laws should be appropriately reformed to suit into the already coming ugly face of electronic contracts and e-commerce in general. Consumer protection should be the springboard to foster these laws as the persons on the other hand will not have much to lose. While determining this, global expansion of technology should not be hampered or subdued as to becoming inaccessible for the common man.



The Cambridge Handbook Of Smart Contracts Blockchain Technology And Digital Platforms


The Cambridge Handbook Of Smart Contracts Blockchain Technology And Digital Platforms
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-31

The Cambridge Handbook Of Smart Contracts Blockchain Technology And Digital Platforms written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-31 with Law categories.


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.



The United Nations Convention On The Use Of Electronic Communications In International Contracts


The United Nations Convention On The Use Of Electronic Communications In International Contracts
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Author : Amelia H. Boss
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

The United Nations Convention On The Use Of Electronic Communications In International Contracts written by Amelia H. Boss and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.


Error in electronic communications; and problems of identity and data integrity. Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria. The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.



Electronic Contracting In Europe


Electronic Contracting In Europe
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Author : Maryke Silalahi Nuth
language : en
Publisher:
Release Date : 2008

Electronic Contracting In Europe written by Maryke Silalahi Nuth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Electronic contracts categories.