Online Contract Formation

by Kinsella, N. Stephan; Simpson, Andrew

• ISBN13: 9780379215199
• ISBN10: 0379215195
• Format: Hardcover
• Copyright: 2005-06-27
• Publisher: Oceana TM

Summary

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.

Author Biography

Stephan Kinsella, Applied Optoelectronics, Inc., and Andrew Simpson, New Zealand Commerce Commission

Table of Contents

Introduction	v
Contributors	ix
How to Use Online Contract Formation	xxix
PART I COUNTRY COMMENTARIES
Australia	3	(18)
Brazil	21	(10)
Canada	31	(32)
Croatia	63	(14)
Ecuador	77	(14)
France	91	(8)
Hong Kong	99	(16)
Hungary	115	(12)
Israel	127	(14)
Japan	141	(10)
Malaysia	151	(28)
New Zealand	179	(16)
Republic of the Philippines	195	(8)
Romania	203	(10)
Singapore	213	(16)
Spain	229	(14)
Switzerland	243	(12)
United Kingdom	255	(54)
United States	309	(28)
Vietnam	337	(12)
PART 2 SAMPLE FORMS AND AGREEMENTS
Website Development Agreement Checklist	349	(10)
Website Hosting Agreement Checklist	359	(6)
Content Agreement Checklist for Portal Projects	365	(6)
Checklist for Website Counsel	371	(22)
B2B Website User Agreement	393	(8)
Passive Terms of Use	401	(12)
Sample Shrink-Wrap License	413	(6)
Strategies for Effective Assent to Click-wrap Agreements	419	(2)
Guidelines for Online Click Agreements	421	(2)
Commercial Dispute Resolution Procedures	423	(4)
Simplified Consumer Arbitration Clause	427	(4)
PART 3 GENERAL COMMENTARIES
Effective Formation of Contracts By Electronic Means and Dispute Resolution in the New E-conomy: Still More Questions Than Answers, by Karen Mills	431	(14)
Basic Contractual Issues, by George W. Thompson	445	(36)
International Jurisdiction in European Union E-Commerce Contracts, by Norel Rosner	481	(16)
Personal Jurisdiction in Internet-Related Litigation, by George W. Thompson	497	(34)
PART 4 PRIMARY SOURCE MATERIAL
Electronic Signatures in Global and National Commerce Act	531	(16)
Uniform Electronic Transactions Act of 1999	547	(38)
Uniform Electronic Commerce Act	585	(10)
UNCITRAL Model Law on Electronic Signatures (2001	595	(6)
UNCITRAL Draft Convention on Electronic Contracting	601	(20)
INDEX
Index	621