E-Commerce Directive has been given effect in the UK by the 2002 Regulations. The UK has stated that the ad-hoc, piecemeal approach it has adopted is sufficient. This may prove to be controversial. The E-communications Act 2000 will be discussed in detail, in the topic on electronic signatures.
The European Commission produced a report on the implementation of the E-Commerce Directive throughout the EU, in 2003.
More recently, the Commission has been involved in creating a common frame of reference for contract law. It was originally the intention of the Commission to fully harmonise contract law throughout the 25 state bloc, however many member States proved to be intransigent to changes to their contract law. Thus, the Commission is attempting to achieve closer agreement between the member States through the use of the common frame of reference. It is interesting to note that the relatively homogenous EU states are having great difficulty in agreeing upon a harmonised contract law, thus this does not bode well for attempts to harmonise contract law at the international level.
Topic Activities
Activity 1 (SR) 1hr
Having regard to recitals 17 and 18, and the ‘Definitions’ section of Article 2, give examples of who might be, and who might not be, the provider of an information society service.
Activity 2 (DG) 2hrs
Visit a business to business e-commerce site. Identify how the provisions of Articles 10 and 11 have been complied with,英语论文网 【http://www.51lunwen.org】 or identify to what extent there has been a failure to comply.
Activity 3 (SR) 2hrs
Notice that Articles 10 and 11 of the E-commerce Directive do not apply to contracts concluded exclusively by email. Explain whether you think that the so-called postal rule should apply to emails, and if so when a contract by email could be said to have been made. Pay particular attention to the question of unread emails. Consider whether it might be useful to have a practice of confirmation of contracting by another media.
Further Reading
E-commerce Law, 2005, Paul Todd, Cavendish, Chs. 9 and 10.
The Law of E-Commerce and the Internet in the UK and Ireland, 2006, Hedley, Cavendish, Ch. 9.
Code, Hybrid Models of Consent and the Electronic Commerce (EC Directive) Regulations 2002, Joseph Savirimuthu, JILT 2004 (2) http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_2/savirimuthu/
Fundamentals of Scots Law, Ashton et al, Thomson, 2003, Chapter 5
Robertson S J A, 'The Validity of Shrink-Wrap Licences in Scots Law Beta Computers (Europe) Ltd v. Adobe Systems (Europe) Ltd', Case Note, 1998 (2) The Journal of Information, Law and Technology (JILT).
http://elj.warwick.ac.uk/jilt/cases/98_2rob/robertsn.htm
http://www.pcworld.com/resource/articl
本文来自：英语论文网 【http://www.51lunwen.org】 |
论文编号：
org200806160913297621 
