CCT206H5 Lecture Notes - Lecture 9: Electronic Signature, E-Commerce, Shrink Wrap
Document Summary
Model law: united nations can propose model laws, rather than normal laws, model law proposed by united nations commission on international law trade- Uncitral. (1996: model law protect consumers, model law protects electronic entrepreneurs, concept of functional equivalence": the distinction between digital and pre-digital context. If digital laws and traditional laws are similar, they should be treated equally in the same sphere: concept of technology neutrality": the law should be abstract that can apply to all concepts. The law should be abstract as possible so that the technology can be applied as open as possible. The law"s ability to understand wide scope of technologies. Law should be applicable to all technological communications. Broadly applicable law: both of these concepts aim to generalize laws and terms so they apply to current. Implied by law: the means for courts to remedy situation where a single party is awarded. There was no contract in place, but there was some sort of exchange.