Formation of Electronic Contracts Under Traditional Common Law Principles
GRIN Verlag, 2011 - 80 pages
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
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AC 34 HL acceptance message according actual communication advertisement application Argos argument in favour Article Bournemouth University Brinkibon Chen-Wishart Christensen Chwee Kin Keong Common Law communication means communication methods concluded contract formation contract law Convention customer’s data message decision delay determine Digilandmall.com Pte Ltd display dissertation e-commerce Edwards/Waelde electronic communication electronic contracts electronic mail email acceptance email and click-wrap email message Entores formation of contracts formation of electronic formed Hence instantaneous communication INTERNET SERVICE PROVIDER invitation to treat Judge Rajah JC Law on Electronic law principles legal issues Lord Lord Denning Mahony/Tunkel/Ball mailbox McKendrick method of communication Model Law offer and acceptance offeree offeror online contracting online trader Pitiyasak postal acceptance rule postal rule purchase reason receipt rule received recipient recipient’s Reed/Angel sender server telex Todd traditional transaction transmission UETA UNCITRAL Website Unidroit unilateral contract United Kingdom users webvertisement