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This topic introduces the main issues surrounding electronic contracts. E- contracts are governed by the normal rules of contract law and are subject to supplementary controls in order to engender trust and confidence in online contracting. The rules as to contract formation must be technology neutral in order to permit technological developments.
Topic Content
E-contracting
E-business, through business-to-business [B2B], business-to-consumer [B2C] and individual-to-individual models is an increasingly ubiquitous feature of modern life. Millions are shopping virtually, and buying, for example, books, holidays, clothing, and even cars over the Internet. The value of Internet shopping in Britain is predicted to grow eleven-fold in the next four years from £581 million at present to £7.4 billion.

The law of contract is a great leveller, permitting anyone (subject to questions of contractual capacity) without regard to class, creed or colour, to make a legally binding bargain with anyone else. Such bargains may involve their performance over time and that performance must take place: it creates a binding obligation.

Under the law of contract persons who contract are presumed to be able to determine their own actions and to be accountable for them in a court of law. It is a contractual model which is likely to be the mainstay of e-business.

If e-commerce is to become the accepted, normal means of transacting in the 21st Century, then it is vital that natural and legal persons have confidence that contracts concluded electronically will be enforceable in a court of law. This confidence can be assured if three main concerns are addressed.

Firstly, by ensuring that electronic contracts fall within the normal rules of contract law, that is the electronic contracting process satisfies the domestic law of contract.

Secondly, after the electronic contract has been concluded, that contract is treated as valid by the legal system and is treated as equivalent to a paper contract and will be enforceable in a court of law.

Thirdly, can both sides to the contract be certain that the other party is bona fide and can the parties be certain that the information has not been tampered with.

Basically, the issues concern when and where will a contract be recognised as having been made? Which country’s legal system will be used to determine those issues? Which national courts will have jurisdiction to hear disputes between parties to such contracts? These questions can be classified as questions of formation of contract, choice of law, and jurisdiction.
Formation

Western contract law, drawing from the law of Ancient Rome, identifies agreement at the core of contract law. Was agreement reached: was there a meeting of the minds, that is consensus in idem? Beyond basic principles, there is no single global law of contract to serve as an immediate fit for the commercial possibilities that are burgeoning. There have, however, been attempts to develop international principles that should be optional to apply to contract law, for example by UNIDROIT.
Almost universally, the legal analysis of a contractual agreement as comprising an offer which is met by an unqualified acceptance is adopted. This can be a rather simple concept but gives rise to a plethora of complicated practical problems. Normally, if the parties to本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。