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.
