BU231 Lecture Notes - Lecture 1: E-Commerce, Cybersquatting, Intangible Property
Electronic Commerce
E-Commerce
• The use of computer networks to facilitate transactions involving the production,
distribution, sale and delivery of goods and services in the marketplace
• Although law is evolving, it is stagnant
• Not a fast process to establish new laws
• Can’t keep pace with technologies
• More unanswered areas of law than we have answers for
• With new technologies, old systems have to be used as the precedence
E-Commerce & the Law
- Timing of acceptance is very important – tells us when its binding (K)
- Is it when you send an email? Or is it when it is received at the other end? We don’t
know
- How do you make an offer online?
- The reason we don’t have precedence could be because there are no cases going
through court
• Pace of change is much slower in law then in technology
• Contract Law
– Old systems used as precedents to apply to new technologies
– How do you make an offer on-line?
– When, where and how is the offer accepted?
– Can an on-line offer be revoked?
• Web-wrap Agreements:
– A web site document setting out contractual terms, the acceptance of which is
indicated by “clicking” on the appropriate icon
– Terms of the agreement must be clear to any potential customer
– Internet contract = SFC – need for onerous terms to be brought to the attention
of the customer
– Standard Form Contract because there is no negotiation of those terms
– Have to worry about if there are unusual, unexpected, or onerous terms
included in the contract
• Jurisdiction
– Timing of acceptance – where does acceptance occur?
– On the internet you don’t necessarily know where your clients are based
– They could be anywhere in the world
– Worry about international laws, etc.
– International transactions
– Proper law of the contract
– Need to address issues in the web-wrap agreement
• Formal Requirements:
Document Summary
Timing of acceptance is very important tells us when its binding (k) The reason we don"t have precedence could be because there are no cases going through court: pace of change is much slower in law then in technology, contract law. Old systems used as precedents to apply to new technologies. Can an on-line offer be revoked: web-wrap agreements: A web site document setting out contractual terms, the acceptance of which is indicated by clicking on the appropriate icon. Terms of the agreement must be clear to any potential customer. Internet contract = sfc need for onerous terms to be brought to the attention of the customer. Standard form contract because there is no negotiation of those terms. Have to worry about if there are unusual, unexpected, or onerous terms included in the contract. On the internet you don"t necessarily know where your clients are based. They could be anywhere in the world.
