Textbook Notes (363,569)
Canada (158,433)
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BU231 (315)


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Wilfrid Laurier University
David Scallen

E-commerce Notes (Ch.31- International Business Transactions) E-commerce: the delivery of information, products, services, and payments by telephone, compuer or other automated media; largest % of transaction are from business to business E-Retailing: supply of gods or intangible goods, supply of “electronic goods” or supply of services Contract Issues: Accepting- Web Wrap or click wrap (makes you open terms and services) vs. browse wrap (you may read the terms and conditions))  browse wrap gives consumer ability avoid some liability because the business failed to bring the terms to his attention Capacity issues: consumer might not have the capacity to contract (child placing an order online) Proof- evidentiary issues; when consumer wants to prove something, there is barely any paper- trail of evidence of the initial offer International jurisdiction issues: different rules/terms applied in different jurisdictions; if terms of contract state which jurisdiction the laws should abide, it is enforceable Proper law of the contract: Amending your contract online: Legislation: E-commerce Act: Laws of contract apply but prior to legislation difficult adapting basic rules Consumer Protection Act includes: • Mandatory disclosure of terms • Cancellation rights • Cooling-off periods • Printable customer copies *consumer protection laws may apply to transactions completed outside their specific jurisdiction Checklist: Precautions to be taken by vendors when contracting online • Become familiar with the e-commerce and consumer protection laws of provinces, countries, or jurisdiction in which it intends to do business • Where necessary, customize contract terms for the specific jurisdiction • Design the website so that the terms of contract are brought to attention; ensure any hyperlinks are visible • State clearly which law and jurisdiction apply to any contracts formed • Avoid giving customers too much freedom to amend terms- use yes/no whenever possible • Maintain full backups of all contracts made via web pages • Generate and forward a printable copy of the contract at the time of purchase Tort Issues Negligent Misrepresentation Fraud issues- Deceit Defamation issues- Hyperlinks  just because another web was linked to a business website that might have caused defamation, if they are not the same publisher, the website is not liable for defamation caused by the hyperlink Duty to protect clients’ information- PIPEDA and negligent security Negligence: sometimes e-commerce depends heavily on a software and things might just go wrong (ex. a case where data entry system caused the posting of multiple transactions) Failure to protect privacy of information Determining where and when the contract was made is important. The moment the contract is made may also determine where it is made, which determine the law that govern the transaction Intellectual Property Copyright Issues- Copyright Act: take your idea and express it in some kind of forum/format • Life + 50; in the states, life + 70 • Picture, recording, writing…etc. Something of recognizable form; expression of idea is copyrightable • Copyright
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