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Author: Iman Majeed Hadi
Publisher:
ISBN:
Category :
Languages : en
Pages : 400
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Book Description
Electronic commerce is an increasingly vital part of national economies and the global economy. The promotion of electronic commerce requires clear and effective laws. As electronic contracts are the building blocks for electronic commerce, it is essential for national laws, especially in developing countries, to be sufficiently certain and appropriately adapted to promote electronic commerce.This thesis formulates recommendations for reforming Iraqi contract law in order to promote the adoption of online contract formation. The recommendations are developed by means of a comparative analysis of the relevant laws from two developed countries: Australia and the United States of America. Accordingly, the main research question addressed in the thesis is:Should Iraqi law dealing with online contract formation be reformed, and if so how, in the light of the established legal rules governing electronic contracts in Australia and the United States?The Australian and American legal systems have considerable experience in dealing with electronic contract formation. Although both jurisdictions are part of the common law tradition, while Iraq has a mixed Islamic and civil law tradition, the thesis demonstrates that it is possible to develop practical proposals for reforming Iraqi law from a comparative analysis of the way in which these two developed legal systems have dealt with key legal issues in electronic contract formation. The analysis undertaken in the thesis indicates that there are weaknesses in the existing legal rules governing contract formation in the Iraqi Civil Code, as well as in Iraq's recently introduced electronic transactions legislation.The weaknesses identified in the thesis, which include weaknesses in the way in which Iraqi law deals with offline contract formation as well as with online contract formation, are analysed by means of a comparative legal analysis of the Australian and American laws, and by the application of traditional doctrinal analysis. The methodologies are used to evaluate the strengths and weaknesses of the two legal systems under comparison in order to identify the best elements of the relevant laws, which are then applied to address the key legal challenges in electronic contract formation.The three key legal challenges addressed in the thesis are: the distinction between an offer and an invitation to make offers; the determination of the time and place of contract formation; and the incorporation of terms. As the thesis explains, the legal problems of electronic contract formation do not require a completely new legal paradigm, but can be solved by drawing analogies with traditional legal approaches and, where there are no clear analogies, by reforms which improve the commercial certainty of the legal rules. After examining the key challenges, the thesis sets out a comprehensive set of recommendations for reforming Iraqi law relating to contract formation, as well as elements of the new Iraqi electronic transactions legislation. It is hoped that the recommendations made for reforming Iraqi law may have broader implications, including for law reform in jurisdictions with similar legal backgrounds to Iraq, as well as in promoting the desirable harmonisation of international contract law.
Author: Iman Majeed Hadi
Publisher:
ISBN:
Category :
Languages : en
Pages : 400
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Book Description
Electronic commerce is an increasingly vital part of national economies and the global economy. The promotion of electronic commerce requires clear and effective laws. As electronic contracts are the building blocks for electronic commerce, it is essential for national laws, especially in developing countries, to be sufficiently certain and appropriately adapted to promote electronic commerce.This thesis formulates recommendations for reforming Iraqi contract law in order to promote the adoption of online contract formation. The recommendations are developed by means of a comparative analysis of the relevant laws from two developed countries: Australia and the United States of America. Accordingly, the main research question addressed in the thesis is:Should Iraqi law dealing with online contract formation be reformed, and if so how, in the light of the established legal rules governing electronic contracts in Australia and the United States?The Australian and American legal systems have considerable experience in dealing with electronic contract formation. Although both jurisdictions are part of the common law tradition, while Iraq has a mixed Islamic and civil law tradition, the thesis demonstrates that it is possible to develop practical proposals for reforming Iraqi law from a comparative analysis of the way in which these two developed legal systems have dealt with key legal issues in electronic contract formation. The analysis undertaken in the thesis indicates that there are weaknesses in the existing legal rules governing contract formation in the Iraqi Civil Code, as well as in Iraq's recently introduced electronic transactions legislation.The weaknesses identified in the thesis, which include weaknesses in the way in which Iraqi law deals with offline contract formation as well as with online contract formation, are analysed by means of a comparative legal analysis of the Australian and American laws, and by the application of traditional doctrinal analysis. The methodologies are used to evaluate the strengths and weaknesses of the two legal systems under comparison in order to identify the best elements of the relevant laws, which are then applied to address the key legal challenges in electronic contract formation.The three key legal challenges addressed in the thesis are: the distinction between an offer and an invitation to make offers; the determination of the time and place of contract formation; and the incorporation of terms. As the thesis explains, the legal problems of electronic contract formation do not require a completely new legal paradigm, but can be solved by drawing analogies with traditional legal approaches and, where there are no clear analogies, by reforms which improve the commercial certainty of the legal rules. After examining the key challenges, the thesis sets out a comprehensive set of recommendations for reforming Iraqi law relating to contract formation, as well as elements of the new Iraqi electronic transactions legislation. It is hoped that the recommendations made for reforming Iraqi law may have broader implications, including for law reform in jurisdictions with similar legal backgrounds to Iraq, as well as in promoting the desirable harmonisation of international contract law.
Author: N. Stephan Kinsella
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 664
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Book Description
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: Timo Siemer
Publisher: GRIN Verlag
ISBN: 3640976533
Category : Law
Languages : en
Pages : 79
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Book Description
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 existing concepts of contract law may apply to cyberspace in a variety of contractual situations and which kind of issues may occur. Hence, the dissertation endeavours to provide contributions in order to clarify imaginable e-commerce conflicts and discloses possible solutions to dispel existing uncertainties of e-commerce users. In order to determine why certain sectors of electronic commerce comprise a multitude of interesting and challenging aspects for every legal practitioner and every person operating online, it is necessary and expedient to provide a comprehensive overview of the broad field of e-commerce and to what extent the dissertation investigates present issues.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Valerie Watnick
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Occasionally, my children attempt to play a new game of tag that they have made up and then realize that they have not made up all the rules. At this point, they stop and create the missing rules. We adults are at the same place in the game. We have made up a new game: “contracting in cyberspace,” but we are not at all clear about the rules. Every day, thousands of people worldwide make connections via the Internet and enter into legally binding relationships in which the rules of the game are not clear. These legal arrangements raise complex and varied legal issues unprecedented in the law. To name a few, these arrangements raise issues of statute of frauds, authenticity of signatures, conflicts of law, licensing issues and the nature of offers and acceptances. This Article examines but one of the many issues raised when parties contract in cyberspace: the time and place of acceptance when it is communicated through the Internet. In examining this issue, the Author considers the theoretical and practical underpinnings of existing law as it applies to electronic transactions. While the existing black letter law is that an offer to contract is effective when received by the offeree, the general common law rule in the United States is that acceptance is effective when sent. This rule of law, oft-called the “mailbox rule,” originated in England at a time of widespread use of the post. Today,as more efficient methods of communication are routinely used, the rule's application has declined. This Article argues that the rule continues to have a theoretical and practical basis in the case of contracts made electronically over the Internet. Part I of the Article reviews the various manners in which contracts can be formed electronically and discusses the original justification for the mailbox rule. Part II discusses the existing legal landscape as it relates to the mailbox rule. Part II, also compares and analyzes provisions of the First and Second Restatements of Contracts, Article 2 of the Uniform Commercial Code (hereinafter “UCC”), the Uniform Electronic Transactions Act (hereinafter “UETA”), the Uniform Computer Information Transactions Act (hereinafter “UCITA”), and the Electronic Signature in Global and National Commerce Act (hereinafter “E-SIGN”). Additionally, the limited relevant case law is considered and analogy is made to case law involving mail, facsimile, tele-phone, telegraph and telex. Part III urges that the mailbox rule continues to be a theoretically sound and efficient rule for contracts formed electronically.
Author: Taimur Inayat Malik
Publisher: Universal-Publishers
ISBN: 1612337783
Category :
Languages : en
Pages : 32
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Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 9781108492560
Category : Law
Languages : en
Pages : 500
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Book Description
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Author: Niels Helmholz
Publisher:
ISBN:
Category : Electronic commerce
Languages : en
Pages : 252
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Author: Eliza Mik
Publisher:
ISBN:
Category : Computer networks
Languages : en
Pages : 542
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Author: Amelia Rawls
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Should the "mailbox" doctrine of contract acceptance be applied in technological contexts far beyond the nineteenth century context for which it was established? Among modern contracting parties, the e-mail inbox has largely replaced the postal mailbox and the near-instantaneous process of electronic communication can mimic the characteristics of a face-to-face discussion. Such technological advancements of the late-twentieth and twenty-first centuries pose a challenge to the doctrinal and normative rationales articulated by the Adams v. Lindsell court and other early "mailbox" rule advocates. Moreover, the advent of electronic communication has implications even for application of the "mailbox" precedent within the framework of postal and other traditional communication systems. Only a receipt-based contracting precedent, applied to technologies both new and old, can properly enhance inter-jurisdictional legal uniformity and incentivize efficient contracting behavior.
