Contract Law in Electronic Commerce

Contract Law in Electronic Commerce
Author: Ralf Holthöfer
Publisher: diplom.de
Total Pages: 252
Release: 2001-01-31
Genre: Law
ISBN: 383243061X

Inhaltsangabe:Abstract: This paper was written during my studies at Georgia State University, Atlanta in Fall 2000 in the context of an exchange program between Georgia State University and Technische Universität Darmstadt. Its subject is the new contract law in electronic commerce. The paper starts with an illustration of the situation of legal uncertainty prior to the establishment of a specific contract law in electronic commerce. Many laws governing contract formation were drafted before the existence of electronic messaging and did not adequately address the challenges of electronic transactions. Furthermore, electronic transactions were often hindered by the diversity of state laws. This situation was considered to place some severe legal obstacles to the development of electronic commerce. In 1997, President Clinton and Vice President Gore unveiled their Framework for Global Electronic Commerce. This issue defined the main goals for the future development of both domestic and global electronic commerce. The general objective was to establish a Uniform Commercial Code for this ascending sector of commerce in order to facilitate and enforce electronic transactions. The legislative efforts to achieve those goals recently resulted in two uniform acts, the Uniform Computer Information Transactions Act (UCITA) and the Uniform Electronic Transactions Act (UETA), and the federal Electronic Signatures in Global and National Commerce Act (E-sign Act). The paper deals with these new legislative approaches. Aside from the presentation of the scopes of the different acts the paper focuses on their fundamental principles and major provisions. Furthermore, it discusses the new enactments in the context of a selection of fundamental legal issues raised by electronic commerce. This discussion finally shows that, although there have been a number of serious endeavors to achieve the above mentioned goals by drafting several electronic commerce statutes, the recent enactments relating to contract law in electronic commerce are not able to achieve the goals set out in the Framework for Global Electronic Commerce. There still remain significant legal obstacles that prohibit electronic commerce from reaching its full potential. Zusammenfassung: Diese Arbeit wurde während meines Studienaufenthaltes an der Georgia State University, Atlanta im Herbstsemester 2000 im Rahmen eines Austauschprogramms zwischen der Georgia State University und der Technischen [...]

Open EDI and Law in Europe

Open EDI and Law in Europe
Author: Andreas Mitrakas
Publisher: Kluwer Law International B.V.
Total Pages: 362
Release: 1997-01-01
Genre: Law
ISBN: 9041104895

Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI--a particular application of electronic commerce--also permits commercial transactions to take place in a fully automated and highly organised trading environment. This volume focuses on open EDI and its relationship with law. When confronted with technology, the typical reaction of the law is to support interpretations and amendments of existing statutes so that old laws can accommodate the change. Open EDI, however, does not fit within this traditional regulatory method. Open EDI permits ad hoc open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing so, open EDI limits the possibility of using up-front interchange agreements to address the legal problems of the interchange. It therefore requires the use of legal instruments supported by information technology to overcome legal problems. Openness in an electronic environment has the potential to initiate an unobserved change in law. Possible regulations should address users' need to act in such a trading environment without the inhibition of basic legal concerns. Open EDI and Law in Europe concludes that the challenge of open EDI necessitates working toward a new legal framework based on international law and supported by information technology. This volume will assist lawyers and laypersons concerned with the practical and theoretical aspects of the legal issues of the application of open EDI by pointing out subtle issues in the application of law in this area and by provoking thought regarding possible solutions.

The Law of Electronic Commerce

The Law of Electronic Commerce
Author: Alan Davidson
Publisher: Cambridge University Press
Total Pages: 438
Release: 2009-08-25
Genre: Business & Economics
ISBN: 052167865X

This book comprehensively addresses the new laws and regulations surrounding electronic commerce.

Goode and McKendrick on Commercial Law

Goode and McKendrick on Commercial Law
Author: Roy Goode
Publisher: Penguin UK
Total Pages: 1632
Release: 2021-03-25
Genre: Law
ISBN: 0141998563

The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review

Social Media & Electronic Commerce Law

Social Media & Electronic Commerce Law
Author: Alan Davidson
Publisher: Cambridge University Press
Total Pages: 475
Release: 2016
Genre: Business & Economics
ISBN: 1107500532

Social Media and Electronic Commerce Law investigates the challenges facing legal practitioners and commercial parties in this dynamic field.

The Law of Electronic Commerce

The Law of Electronic Commerce
Author: Jane K. Winn
Publisher: Wolters Kluwer
Total Pages: 2519
Release: 2000-01-01
Genre: Law
ISBN: 0735516480

Annotation New edition of a study of the law of electronic commerce, which requires the simultaneous management of business, technology and legal issues. Winn (law, Southern Methodist U.) and Wright (a business lawyer in Dallas) present 21 chapters that discuss introductory material such as business and technologies of e-commerce, getting online, jurisdiction and choice of law issues, and electronic commerce and law practice; contracting; electronic payments and lending; intellectual property rights and rights in data; regulation of e-business markets; and business administration. Presented in a three-ring binder. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Commercial Law

Commercial Law
Author: Eric Baskind
Publisher: Oxford University Press
Total Pages: 809
Release: 2016
Genre: Business & Economics
ISBN: 0198729359

'Commercial Law' offers a fresh and stimulating account of the subject, thereby helping students better understand this important area of law. It provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, methods of payment, finance and security.