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Electronic Consumer Contracts In The Conflict Of Laws
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
Book Synopsis Formation of Electronic Contracts Under Traditional Common Law Principles by : Timo Siemer
Download or read book Formation of Electronic Contracts Under Traditional Common Law Principles written by Timo Siemer and published by GRIN Verlag. This book was released on 2011-08 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72 % - Distinction, Bournemouth University (Law Academic Department), language: English, abstract: Approximately eight years ago, an electronic invention called the Internet has initiated a phenomenon of exuberant fascination and economic upturn of individuals and businesses at the same time. The steady increasing amount of online users presents a beneficial medium through which commercial entities can advertise and sell their commodities without mentionable delay. Potential consumers have borderless access to products at competitive prices independent of regional distances. Consequently, it is simply to ask the question "How do people contract over the Internet and are the familiar Common Law principles applicable?" This question is in particular in such an extent controversial and important to resolve, since there is no English court which has dealt with this subject so far. As the traditional contract law has been developed and modified due to new and unfamiliar communication means over centuries, it may be that the existing principles are hardly applicable and insufficient to determine the formation of an electronic contract. Though, it is also imaginable that courts may easily alter the contract law rules to an appropriate extent as they already did with other communication methods. This dissertation is concerned with the demanding topic of formation of contracts in the area of electronic commerce. It tackles legal issues in an environment of various forms of commercial and non-commercial activities using electronic means. As the fields of electronic commerce and practicing business online are constantly increasing all over the globe, legal issues of complex content are steadily challenging traditional law principles, courts, lawyers and legal scholars to develop governing laws and adequate solutions. The dissertation faces and investigates how existi
Book Synopsis Cross-border Consumer Contracts by : Jonathan Hill
Download or read book Cross-border Consumer Contracts written by Jonathan Hill and published by Oxford Private International L. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology)have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension.This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts. In terms of private international law, English law traditionally treated consumer contracts no differently from commercial contracts. However, at European level,jurisdictional and choice of law issues arising out of certain consumer contracts are subject to specific rules. The first part of the book focuses on these European developments and seeks to explain why the private litigation model for the resolution of disputes arising out of cross-borderconsumer contracts has failed to deal adequately with the problems generated by such contracts. Subsequent to these failures, alternative mechanisms for resolving contractual disputes have a particular significance in the consumer context. The second part of the book focuses on an evaluation ofthese alternative dispute resolution mechanisms, including online dispute resolution.
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)
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.
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.
Book Synopsis Codifying Choice of Law Around the World by : Symeon Symeonides
Download or read book Codifying Choice of Law Around the World written by Symeon Symeonides and published by Oxford University Press, USA. This book was released on 2014 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
