An Analysis Of Jurisdiction Rules For Electronic Consumer Contracts

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An Analysis of Jurisdiction Rules for Electronic Consumer Contracts

Author : Lorna Elizabeth Gillies
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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Book Synopsis An Analysis of Jurisdiction Rules for Electronic Consumer Contracts by : Lorna Elizabeth Gillies

Download or read book An Analysis of Jurisdiction Rules for Electronic Consumer Contracts written by Lorna Elizabeth Gillies and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this thesis is to examine European and United States jurisdiction rules for consumer contracts where the consumer and the seller who contract with each other over the Internet via the World Wide Web are in different jurisdictions. The thesis will demonstrate that despite recent adaptation in both jurisdictions, existing rules are not conducive to consumer contracts entered into by means of electronic commerce (hereafter electronic consumer contracts). This thesis will argue that both United Kingdom and United States jurisdiction rules for such contracts should be further amended and harmonised to enable consumers to sue in their own jurisdiction when foreign businesses intended to target them via active or interactive web sites. The aim of international private law is premised on a "desire to do justice" to the parties involved in a cross-border dispute. Chapter One will demonstrate that this aim is particularly significant with regard to the role of international private law vis-à-vis the legal regulation of cross-border electronic consumer contract disputes. When a consumer contract is entered into between parties across borders by electronic means and a dispute arises between those parties, the effective application of a certain and predictable jurisdiction rule to determine which jurisdiction will hear the dispute is crucial. Subsequent chapters of this thesis will demonstrate that given the continued inconsistencies in existing jurisdiction rules in the United Kingdom and the United States, further adaptation and harmonisation of jurisdiction rules for electronic consumer contracts is now both necessary and desirable.

Electronic Consumer Contracts in the Conflict of Laws

Author : Zheng Sophia Tang
Publisher :
ISBN 13 : 9781474203388
Total Pages : 384 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Electronic Consumer Contracts in the Conflict of Laws by : Zheng Sophia Tang

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by . This book was released on 2015 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts."--Résumé de l'éditeur.

Electronic Commerce and International Private Law

Author : Lorna E. Gillies
Publisher : Routledge
ISBN 13 : 1317145240
Total Pages : 286 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Electronic Commerce and International Private Law by : Lorna E. Gillies

Download or read book Electronic Commerce and International Private Law written by Lorna E. Gillies and published by Routledge. This book was released on 2016-04-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Electronic Consumer Contracts in the Conflict of Laws

Author : Zheng Sophia Tang
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259309
Total Pages : 336 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Electronic Consumer Contracts in the Conflict of Laws by : Zheng Sophia Tang

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Electronic Commerce and Jurisdiction [microform] : are Forum Selection Clauses in Online Contracts Enforceable? An Analysis Focused on Canadian and American Case Law and the Works on Jurisdiction of The Hague Conference of Private International Law

Download Electronic Commerce and Jurisdiction [microform] : are Forum Selection Clauses in Online Contracts Enforceable? An Analysis Focused on Canadian and American Case Law and the Works on Jurisdiction of The Hague Conference of Private International Law PDF Online Free

Author : Rita Villanueva Meza
Publisher : Library and Archives Canada = Bibliothèque et Archives Canada
ISBN 13 : 9780612954526
Total Pages : 158 pages
Book Rating : 4.9/5 (545 download)

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Book Synopsis Electronic Commerce and Jurisdiction [microform] : are Forum Selection Clauses in Online Contracts Enforceable? An Analysis Focused on Canadian and American Case Law and the Works on Jurisdiction of The Hague Conference of Private International Law by : Rita Villanueva Meza

Download or read book Electronic Commerce and Jurisdiction [microform] : are Forum Selection Clauses in Online Contracts Enforceable? An Analysis Focused on Canadian and American Case Law and the Works on Jurisdiction of The Hague Conference of Private International Law written by Rita Villanueva Meza and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum selection clauses appear as a mechanism that may provide jurisdictional certainty and predictability to electronic commerce. Nevertheless, those clauses may not be always a satisfactory solution to parties in online contracts because such clauses may not be enforced in certain circumstances. By examining the law of forum selection clauses in Canada and the United States, this thesis discusses the circumstances in which forum selection clauses may not be enforced due to the application of discretionary tests and their inclusion in consumer contracts. This thesis also reviews the enforceability of forum selection clauses in 'clickwrap' and 'browsewrap' contracts in Canadian and American case law. Moreover, this thesis studies whether discretionary tests and non-enforcement of forum selection clauses in online business to consumer transactions favour the development of electronic commerce. Finally, this thesis addresses the enforcement of forum selection clauses within the works of The Hague Conference of Private International Law.

Conflict of Laws and the Internet

Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
ISBN 13 : 1035315130
Total Pages : 561 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

The Law of Electronic Commerce

Author : Jane K. Winn
Publisher : Wolters Kluwer
ISBN 13 : 0735516480
Total Pages : 2519 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis The Law of Electronic Commerce by : Jane K. Winn

Download or read book The Law of Electronic Commerce written by Jane K. Winn and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 2519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation New edition of a study of the law of electronic commerce, which requires the simultaneous management of business, technology and legal issues. Winn (law, Southern Methodist U.) and Wright (a business lawyer in Dallas) present 21 chapters that discuss introductory material such as business and technologies of e-commerce, getting online, jurisdiction and choice of law issues, and electronic commerce and law practice; contracting; electronic payments and lending; intellectual property rights and rights in data; regulation of e-business markets; and business administration. Presented in a three-ring binder. Annotation c. Book News, Inc., Portland, OR (booknews.com)

The Law of E-Commerce

Author : Dr. Abdulhadi M. Alghamdi
Publisher : AuthorHouse
ISBN 13 : 1467886041
Total Pages : 265 pages
Book Rating : 4.4/5 (678 download)

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Book Synopsis The Law of E-Commerce by : Dr. Abdulhadi M. Alghamdi

Download or read book The Law of E-Commerce written by Dr. Abdulhadi M. Alghamdi and published by AuthorHouse. This book was released on 2011-11-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Electronic Consumer Contracts in the Conflict of Laws

Author : Zheng Sophia Tang
Publisher : Bloomsbury Publishing
ISBN 13 : 184731533X
Total Pages : 348 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Electronic Consumer Contracts in the Conflict of Laws by : Zheng Sophia Tang

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2009-09-09 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.

Conflict of Laws and the Internet

Author : Pedro de Miguel Asensio
Publisher : Edward Elgar Publishing
ISBN 13 : 178811082X
Total Pages : 490 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Conflict of Laws and the Internet by : Pedro de Miguel Asensio

Download or read book Conflict of Laws and the Internet written by Pedro de Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.

Online Dispute Resolution for Consumers in the European Union

Author : Pablo Cortés
Publisher : Routledge
ISBN 13 : 1136943501
Total Pages : 283 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Online Dispute Resolution for Consumers in the European Union by : Pablo Cortés

Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Anselmo Reyes

Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

Party Autonomy in Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Producers and Consumers in EU E-Commerce Law

Author : John Dickie
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314449
Total Pages : 224 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Producers and Consumers in EU E-Commerce Law by : John Dickie

Download or read book Producers and Consumers in EU E-Commerce Law written by John Dickie and published by Bloomsbury Publishing. This book was released on 2005-07-24 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Producers and Consumers in EU E-Commerce Law argues that the European Union is failing adequately to protect consumers' critical interests in the area of e-commerce. The book compares the Union's close protection of producers' critical interests in e-commerce, considered in terms of authorship and of 'domain-identity', with its faltering steps towards protection of consumers' corresponding interests, considered in terms of fair trading, privacy and (on behalf of children) morality. The book assesses the threats posed to those interests, the extent to which self-help can and does neutralise those threats and, as regards any gaps left, the extent to which the Union has stepped into the breach. The argument is important given that surveys show low levels of consumer confidence in European cross-border e-commerce, a motor of integration par excellence.

Internet Jurisdiction and Choice of Law

Author : Faye Fangfei Wang
Publisher : Cambridge University Press
ISBN 13 : 1139488457
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Internet Jurisdiction and Choice of Law by : Faye Fangfei Wang

Download or read book Internet Jurisdiction and Choice of Law written by Faye Fangfei Wang and published by Cambridge University Press. This book was released on 2010-08-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.

Optional Choice of Court Agreements in Private International Law

Author : Mary Keyes
Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Optional Choice of Court Agreements in Private International Law by : Mary Keyes

Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.