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Daniel J Fife

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1READING NOTESCHAPTER 34Electronic CommerceIncreasingly business is being conducted through the internet and through other electronic means This creates problems of applying existing legal rules tort contract privacy and principles to new situations also raises entirely new legal issues What is ecommerceBroadly defined as the delivery of info products services or payments by phone computer or other automated media not just the internetoElectronic retailing eg real goods electronic goods services bothoBusiness to business B2B transactions account for 85 of all ecommerceEstablishing an Online Business1Negotiate a website development agreement2Website hosting agreement with ISPISP thus has liability for interruption of service if the system goes down3Negotiate an Internet access agreement4Register a domain name trademark conflicts often erupt herePrecautions when establishing an Ecommerce SiteoBecome familiar with the laws of other countries whom you do business withoCustomize contract terms for each countryoDesign the website so that the terms of the contract are brought to the attention before any contract is concluded click wrapweb wrapoState which law and jurisdiction applies to any contracts formedoDont give customers freedom to amend terms just have yesno accept declineoMaintain full backups of all your contracts made onlineECommerce and the LawContract LawoFormation of ContractsHas any contract been made when you visit a website and add items to shopping cart etc if so whenIt has become common practice to use webwrap agreementsor clickwrap agreements which set out contractual terms and require the consumer to click on the appropriate box to indicate agreement with terms of saleNeed to be designed with care to ensure all intended conditions are brought to the attention of potential customers
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