Contracting on the Internet
Seminar paper from the year 2004 in the subject Business economics - Law, grade: 1,7, University of Lüneburg, 44 entries in the bibliography, language: English, abstract: No closing time regulations, no purchase stress, timesaving and uncomplicated ordering, comparable prices, detailed information and direct contact to the manufacturers, these are just some advantages the Internet offers. The number of people using the internet as a shopping platform is increasing steadily – in Germany already more than 28 million people now use the Internet frequently to make purchases.1 This underlines the importance of legal matters on the electronic Highway and will contribute furthermore to the electronic drive on legal issues within the next years. All the more, it is important to strengthen the confidence of the consumer of the safety of so-called Internet contracts. This paper shall give a summary of issues concerning contracts on the Internet and its consistency with the norms of the BGB (German Civil Code). Commonly every manner of economic activity on the Internet is referred to as ecommerce. Nevertheless, one can distinguish these activities into so-called offline and online businesses. With offline business, solely the conclusion of the contract occurs electronically. An example would be the ordering of a book through the internet, however, it will still be delivered conventionally by mail. So this remains a simple sales contract with rare online-specific problems. With online business the whole performance including delivery will be conducted on the net. This presupposes when purchasing goods that the objects can be digitalized (e.g. software, music, electronic books etc.). Also in the field of services (e.g. the use of databases, Internet telephony, ticket booking, electronic trade of securities, etc.) online businesses occur. A special view will be given to the particularities of online auctions.
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3.1 Acceptance absentees According to Art acting under strange application area of reception arise attendees automated Automatic Forwarding BETTENDORF BGH NJW bidder carry the risk CISG classical auction communication contract is concluded contract partner Contracts for International Convention on Contracts declaration of intention Delivery Status Notification dialog-exchange divestiture DÖRNER downward auctions electronic mail embodied example explanatory person GLATT highest bid IBGB imaginary names in-box Input error International Civil Law International Sale Internet telephony invitatio ad offerendum KÖHLER/ARNDT KUHN LARENZ/WOLF Law Internationales Privatrecht legal consequences mail server main memory MEDICUS MORITZ/DREIER/HOLZBACH/SÜßENBERGER NJW-RR occurs immediately one-way online auctions online business owner PALANDT/HEINRICHS possibility of notice prevailing opinion private consumer problems processing protocol receiver terminal reception theory recipient recipient’s retrieved sales contracts saved seller sender sphere strange name supplier SÜßENBERGER take effect term of acceptance unproblematic video conference WENDEL Willenserklärung ZERDICK