BU231 Lecture Notes - Lecture 21: E-Commerce, Cybersquatting, Electronic Document
BU- Lecture
E-Commerce
• The use of computer networks to facilitate transactions involving the production, distribution,
sale and delivery of goods and services in the marketplace
E-Commerce and Law
• Pace of change is much slower in law than in technology
• Contract Law
o Old systems used as precedents to apply to new technologies
o How do you make an offer on-line?
o When, where and how is the offer accepted?
o Can an on-line offer be revoked?
E-Commerce – Contract Law
• Web-Wrap Agreements
o A web site document setting out contractual terms, the acceptance of which is indicated
y likig o the appropriate io
o Terms of the agreement must be clear to any potential customer
o Internet contract = SFC – need for onerous terms to be brought to attention of the
customer
• Jurisdiction
o Timing of acceptance – where does acceptance occur?
o International Transactions
o Proper law of the contract
o Need to address issues in the web-wrap agreement
• Formal Requirements:
o Statute of Frauds still applies
▪ Electronic signatures are valid
▪ Eletroi douet = writig
o Problems arising:
▪ Intention to be bound by the contract
▪ Validity of likig io to oplete deal – is this a signature?
E-Commerce – Tort Law
• Computer Malfunction – negligence
o Reliance on servers
o Negligence on part of service provider can have enormous effect
• Defamation
o To publish on the internet – Libel
o Locating parties
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
E-commerce: the use of computer networks to facilitate transactions involving the production, distribution, sale and delivery of goods and services in the marketplace. E-commerce contract law: web-wrap agreements, a web site document setting out contractual terms, the acceptance of which is indicated (cid:271)y (cid:862)(cid:272)li(cid:272)ki(cid:374)g(cid:863) o(cid:374) the appropriate i(cid:272)o(cid:374, terms of the agreement must be clear to any potential customer. Internet contract = sfc need for onerous terms to be brought to attention of the customer. International transactions: proper law of the contract, need to address issues in the web-wrap agreement, formal requirements, statute of frauds still applies, electronic signatures are valid, ele(cid:272)tro(cid:374)i(cid:272) do(cid:272)u(cid:373)e(cid:374)t = (cid:862)writi(cid:374)g(cid:863, problems arising: E-commerce tort law: computer malfunction negligence, reliance on servers, negligence on part of service provider can have enormous effect, defamation, to publish on the internet libel, locating parties. Intellectual property rights: abstract property rights owned by persons who have the sole right to license the use of the property, copyright.
