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 Am General principles of contract law Am E-commerce legislation in force Am Electronic transactions Am Effective formation of online contracts (e-contracts) Am When and how an offer is made to create an online contract Am When and where an online contract is formed Am Shrinkwrap and clickwrap issues Am Digital signatures Am Evidentiary issues Am qSelf-helpq issues Am Special provisions to include in online contracts Am 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: Am Checklist including tips on how to make your online agreement more enforceable Am Sample click-through agreement for purchasing goods over the Internet Am Sample clauses for arbitration agreements with respect to both consumer and commercial transactions Am Sample terms and conditions for a website Am Website development agreement Am Links agreement Sample commentary, including: Am Glossary of online business terms Am Jurisdictional Issues in International E-Commerce Contracts Am Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: Am (US) Electronic Signatures Act (ESIGA) Am Uniform Electronic Commerce Act (Canada) Am Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act Am UNCITRAL Draft Uniform Rules on Electronic Signatures.Does an electronic contract have to be in writing? ... Statute of Frauds (Ontario) which requires contracts of guarantee, contracts for the sale of land, and contracts not to be performed within a year ... provided that the electronic document is given to, accessible by and capable of being retained by that party for subsequent use. irrespective of whether he/she read them. ... 86 UNCITRAL Model Law on Electronic Commerce with Guide to Enactment (1996), paragraph 48 (slightly modified).
|Title||:||Online Contract Formation|
|Author||:||N. Stephan Kinsella, Andrew F. Simpson|
|Publisher||:||Oxford University Press, USA - 2004|