Legal Issues - Santa Clara University圣克拉拉大学的法律问题.pptVIP

Legal Issues E-Commerce Legal Issues Legal rules govern formation, interpretation and enforcement of contract. E-commerce transactions ought to specify Governing Law (“the law of California”) Forum for resolving disputes Legal Issues Common Law Collection of legal principles developed by common-law courts in reaction to cases before them. Statutes (by legislative bodies). (US) Uniform Commercial Code Legal Issues Civil Law Statutory code replaces common law. Legal Issues In common and civil law systems, other items have legal significance Course of dealing over time Usage of trade Parties’ agreement on principles to govern their relationship Trading Partner Agreements (TPA) Legal Issues International / interstate character of E-Commerce Promulgation of model laws and rules UN Model Law on Electronic Commerce Directive on a Community Framework for Electronic Signatures in Europe Federal E-Sign Law (US) Uniform Electronic Transactions Act (UETA) Uniform Computer Information Transaction Act (UCITA) Advancement of legislation and regulation in jurisdictions according to these model laws and rules. Contracts Contract needs Offer of specific terms; Acceptance of the offer; Adequate Consideration. To be enforceable, contract needs to satisfy other requirements Statute of fraud Contracts Offer and acceptance needs Mutual assent, Sufficiently definite terms. E-commerce problem: Does posting on a website constitute sufficient assent? Can an inventory control program that automatically reorders items give assent to a transaction on behalf of its owner? Contracts Section 14 UETA: Interaction of electronic agents or between electronic agent and individual can result in a valid contract. UCITA “Contract might be formed by the operations of the electronic agent.” “A person that uses an electronic agent is bound by the operations of the electronic agent, even if no individual was aware of or reviewed the agent’s operation.” Contracts In the absence of statuary law: THE LAW ARG