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Essay / Research Paper Abstract
E-commerce has created many opportunities for international trade. There are also many difficulties when seeking to regulate a contract made in a virtual world. This 20 page paper looks at the problems that can be created by the lack of a paper trail and the difficulties in determining if and when a contract is enforced and then regulating that contract. The paper discusses the problem in relating to English law and how disputes may be interpreted by the courts including a discussion of the Kodak case which never reached court and the argument to use supporting documentation, such as Bills of Lading as supporting documentation. The paper then considers the international position in more detail, looking at the EU directive and issues of jurisdiction. The bibliography cites 17 sources.
Page Count:
20 pages (~225 words per page)
File: TS14_TEecomcontract.rtf
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Unformatted sample text from the term paper:
of e-commerce. The ability to buy and sell goods or services over the internet has been a boon to many consumers and businesses, shortening the supply chain and reducing costs
as well as increasing the potential information flow. The increased freedom and flexibility also comes with increased complications. Unlike many other types of contractual agreements the transaction takes place in
a virtual environment and does not leave the same paper trail and evidence of many traditional paper contracts. This can create difficulties in trade, especially international trade where contracting parties
may be separated by both distance as well as language. Even America English and British English have different meanings for some terms. This paper will look at the difficulties that
this creates, the measures to resolve them and argues that for eCommerce to be successful in the long term and prevent length and complex litigation there should be a single
global e-commerce treaty. To examine this we will first look define ecommerce and then look at how it is treated in the UK before looking to the wider implications.
2. E-Commerce To consider the legal implications of eCommerce and the difficulties of contracts we first need to loo at the definition of e-commerce. There are few fully comprehensive definitions, most
concentrate on the study of business rather than law, but this is a good starting point. E-commerce is defined by the American Heritage Dictionary (2000), as "Commerce that is transacted
electronically, as over the Internet". This indicates that e-commerce is much wider than simply the internet. The dictionary of computing has a fuller explanation; "The conducting of business communication and
transactions over networks and through computers. As most restrictively defined, electronic commerce is the buying and selling of goods and services, and the transfer of funds, through digital communications. However
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