Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.
Written specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.
The exponential growth of electronic usage in global commercial transactions has generated potential opportunities in productivity, facilitated the cross-border free movement of goods and service, and stimulated export and import trade as well as domestic sale, but at the same time, it has led to new challenges to existing laws due to the unique characteristics and complexities of online technology, culture and social behaviours. This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. It encourages modernisation and harmonisation of laws concerning electronic commercial transactions through well-balanced area-specific international instruments. Law of Electronic Commercial Transactions will be of great interest to academics, legislative organisations, practitioners and lawyers in the field of international commerce.
The Law of E-Commerce E-Contracts , E-Business Electronic commerce raises some legal issues, including whether the contract must be in a particular form or authenticated; validity, time and place of communication; cross-offers and battle of forms. This book analyses the legal problems relating to contracts formed on the Internet, including the use of electronic agents, the enforceability of clickwrap agreements, electronic payments, and choice-of-law and jurisdiction issues. These issues are considered from the UK common law point of view and according to the SICG, UNIDROIT Principles, PECL, UNCITRAL Model Law, and the Uniform Commercial Code.
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.
Commercial Transactions: A Systems Approach explores the nuances of transaction law from a systems' perspective, examining the infrastructure that supports commercial transactions and how the law is applied in real-world situations. Its outstanding team of co-authors uses an assignment-based structure that allows professors to adapt the text to a variety of class levels and approaches. Well-crafted problems challenge students' understanding of the material in this comprehensive, highly teachable text. All sections of the Fifth Edition have been revised to include new case law and problems, and the 2010 Amendments to Article 9. Hallmark features: Extraordinary authorship all four authors are standouts in the field of secured credit, payment systems and sales law. The Systems Approach examines the infrastructure that supports actual transactions; code is taught in the context of the transactions. Teachable problems prefaced by straightforward textual explanations. Assignment-based organization offers flexibility in teaching. Cutting-edge coverage, including key court cases. The revised Fifth Edition has been thoroughly updated by section: Part One: Sales Systems At least 20% new cases. Part Two: Financial Systems Updated problems that reflect the types of disputes arising out of the new electronic payment systems. Important new cases, including: Wachovia Bank, N.A. v. Foster Bancshares, Inc. Triffin v. Third Federal Savings Bank In re PTI Holding Corp. Chemical Bank v. Meltzer Data Sales Co. v. Diamond Z Manufacturing Banco Nacional de Mexico v. Societe Generale In re Kang Jin Hwang Korea Export Insurance Corp. v. Audiobahn, Inc. Davis v. Stern, Agee and& Leach, Inc. Part Three: Secured Credit The 2010 Amendments to Article 9.