Class Notes (835,242)
Canada (509,043)
BUS 393 (75)
Lecture

CHAPTER10 electronic commerce and international trade.docx

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Department
Business Administration
Course
BUS 393
Professor
Robert Adamson
Semester
Winter

Description
CHAPTER10: e-commerce & int’l trade JURISDICTION - Internet and internet transactions have no jurisdictions - Who to sue? Where to bring legal action? - + company can work anywhere in the world - Long-arm statutes: allowing companies to take jurisdiction even when no resident is directly involved o Business provide services over internet subject to diff laws in diff jurisdictions BUSINESS TRANSACTION OVER THE INTERNET - Domain names o Cannot have 2 of the same name or two dissimilar businesses with similar names o CYBERSQUATTING: less-well intentioned individuals register the names first and hold the names for ransom o Body responsible for registration of domain names = Canadian internet registration authority (CIRA)\ TORTS - DEFAMATION o Remark, chat rooms, social network posting, articles - Passing off, fraud ONLINE CONTRACTS - CONSENSUS o Adopt UNIFORM ELECTRONIC COMMERCE ACT guidelines  Purpose to make electronic docs as binding as written ones o “I accept” button - CAPACITY o Age, mental capacity o Electronic signatures: digital certificate that authenticates identity of party to the contract - LEGALITY o Careful of fraudulent scams o Minors, porn, gambling - PAYMENT ONLINE o Difficult to secure o Have third party to hold funds for security - JURISDICTION o Where was contract formed? o Should include “only available in Canada”, product warranties/disclaimers  “albert laws and regulations will apply” INTERNATIONAL BUSINESS TRANSACTIONS - No international court - Grey market: import materials from another jurisdiction in violation of a local distributors exclusive right to distribute the product o Buy something sold for less and sell here - Financial reporting o Method to account for profits + royalties - Foreign ownership o Incorporating internationally - Specialty contracts o E.g. bill of lading (establish rights and obligations of parties and carriers of goods shipped through 3 party carrier) o E.g. letter of credit o E.g. insurance DISPUTE RESOLUTION - All disputes determined by arbitration, certain powers used o Parties can control who arbitrates/arbitration process o +++ = reduce risk, respect mutual obligations and rights, minimize costs o --- = difficulty enforcing award  E.g. NAFTA, CANACO LITIGATION & JURISDICTION - What court? o Forum non conveniens: plaintiff sues in own jurisdiction but defendant has court declare they will not deal o “TERRITORIAL COMPETECE” TEST – legislation follows supreme court of Canada decision and recommendation by uniform law conference of Canada to simplify the process of determining when the local courts have jurisdiction  BC has territorial competence when  1. Party being sued agreed that court will have jurisdiction  2. They have submitted to that jurisdiction  3. They are ordinarily resident in BC (office/business)
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