Electronic Consumer Contracts in the Conflict of Laws

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Author :
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.

Electronic Consumer Contracts in the Conflict of Laws

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Author :
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 International Private Law

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Author :
Publisher : Routledge
ISBN 13 : 1317145232
Total Pages : 289 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 289 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.

Conflict of Laws and the Internet

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Author :
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.

Access to Justice in Transnational B2C E-Commerce

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Author :
Publisher : Springer
ISBN 13 : 3319111310
Total Pages : 316 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Access to Justice in Transnational B2C E-Commerce by : Sutatip Yuthayotin

Download or read book Access to Justice in Transnational B2C E-Commerce written by Sutatip Yuthayotin and published by Springer. This book was released on 2014-11-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers’ expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework’s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.​

The Law of E-Commerce

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Author :
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.

An Analysis of Jurisdiction Rules for Electronic Consumer Contracts

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Author :
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.

E-contracts. Essentials, variety and legal issues

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3668715025
Total Pages : 30 pages
Book Rating : 4.6/5 (687 download)

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Book Synopsis E-contracts. Essentials, variety and legal issues by : Benita Ezeigbo

Download or read book E-contracts. Essentials, variety and legal issues written by Benita Ezeigbo and published by GRIN Verlag. This book was released on 2018-06-22 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2017 in the subject Law - Media, Multimedia Law, Copyright, grade: 75%, , course: Intellectual Property Law, language: English, abstract: The very rapid emergence of industrialization, globalization and technicalities formed a great basis for the growth of technology and the rise of this computer age. Electronic commerce is one of its products seeing that it is a major economic significance of the 21st century. Thus, internet is a new culture that has undoubtedly come to stay and while it remains, changes our own style. The wide range of activities performed with the use of internet has proven to outweigh the old-fashioned way of doing same activities. The creators of computer must not have imagined how super useful their creation stands globally today. The internet has a great deal of impact on business and its practices, local markets will be mostly replaced by global markets. This change will lead to new business models and of course, the birth of E-commerce. One of such E-transactions includes Internet contract, which is E-contract. In conclusion, the paper establishes that in all ramifications, electronic contracts have been positive enough to human living that it is now a do-without in our day to day living. At the same time, its venom cannot be overlooked. Like a wild fire, if appropriate measures are not taken, it will consume even the most advanced of men, and the very literate. Privacy issues are my most dreaded concerns. The authenticity to protect information is so uncertain and yet, so unavoidable in most cases. Laws should be appropriately reformed to suit into the already coming ugly face of electronic contracts and e-commerce in general. Consumer protection should be the springboard to foster these laws as the persons on the other hand will not have much to lose. While determining this, global expansion of technology should not be hampered or subdued as to becoming inaccessible for the common man.

International Perspectives on Consumers' Access to Justice

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139436821
Total Pages : 444 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Perspectives on Consumers' Access to Justice by : Charles E. F. Rickett

Download or read book International Perspectives on Consumers' Access to Justice written by Charles E. F. Rickett and published by Cambridge University Press. This book was released on 2003-03-20 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.

E-Commerce Law in Europe and the USA

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540247262
Total Pages : 766 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis E-Commerce Law in Europe and the USA by : Gerald Spindler

Download or read book E-Commerce Law in Europe and the USA written by Gerald Spindler and published by Springer Science & Business Media. This book was released on 2013-03-19 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection.

Electronic Contracts, 2nd Edition

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Author :
Publisher :
ISBN 13 : 9780409340747
Total Pages : pages
Book Rating : 4.3/5 (47 download)

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Book Synopsis Electronic Contracts, 2nd Edition by : S. Blount

Download or read book Electronic Contracts, 2nd Edition written by S. Blount and published by . This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014

The Law Market

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Publisher : Oxford University Press
ISBN 13 : 0199886040
Total Pages : 288 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Law Market by : Erin A. O'Hara

Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Online Contract Formation

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Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Online Contract Formation by : N. Stephan Kinsella

Download or read book Online Contract Formation written by N. Stephan Kinsella and published by . This book was released on 2004 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.

Global Sales and Contract Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191631051
Total Pages : 1072 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Global Sales and Contract Law by : Ingeborg Schwenzer

Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by OUP Oxford. This book was released on 2012-01-26 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

The American Law Institute

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Publisher : Oxford University Press
ISBN 13 : 019768534X
Total Pages : 505 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The American Law Institute by :

Download or read book The American Law Institute written by and published by Oxford University Press. This book was released on 2023-05-02 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.

Model Rules of Professional Conduct

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Author :
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.

Every1's Guide to Electronic Contracts

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Author :
Publisher :
ISBN 13 : 9780989648820
Total Pages : 550 pages
Book Rating : 4.6/5 (488 download)

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Book Synopsis Every1's Guide to Electronic Contracts by : Charles Martin

Download or read book Every1's Guide to Electronic Contracts written by Charles Martin and published by . This book was released on 2014-01-08 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Martin became frustrated with one-sided and confusing contracts offered by companies on websites and in emails. After years of practicing contract law, and of teaching and writing about electronic contracts, he decided to write a book for consumers, employees and businesses about those contracts. Every1's Guide shows consumers and businesses how to protect themselves against unfair contract terms, and against non-compliance with contract and legal and regulatory requirements. It has 400 pages of examples of contract law rules in the context of everyday transactions, business deals, and website, email and text message contracts. It describes contracts that have been enforced by courts, contracts that have not been enforced, and the reasons for those decisions. It includes 700 footnotes of sources for these rules that are available for further research. Every1's Guide includes sample print and electronic contracts, with hyperlinks between the contract text and the legal rules described in the ebook. It includes examples of consumer, business, and international contract disputes, with internal hyperlinks, and with a description of some practical lessons to be learned from these examples. Every1's Guide provides valuable information for consumers, businesses, professionals and students about U.S. contract law rules, including electronic signatures and contracts. It summarizes international commercial contract law rules. It describes the current and emerging law of international electronic contracts and consumer dispute resolution. Some contracts are negotiable. Many are not. If you are offered a negotiable contract, Every1's Guide will help you to understand how to negotiate it. If you are offered a non-negotiable contract, Every1's Guide will show you many of its important terms, and will describe how contract law rules require the presentation, performance and enforcement of contracts to be done fairly and in good faith.