Electronic commerce & jurisdiction
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Electronic commerce & jurisdiction are forum selection clauses in online contracts enforceable? An analysis focused on Canadian and American case law and the works on jurisdiction of The Hague Conference of Private International Law. by Rita Villanueva Meza

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Published .
Written in English


Book details:

About the Edition

Forum selection clauses appear as a mechanism that may provide jurisdictional certainty and predictability to electronic commerce. Nevertheless, those clauses may not be always a satisfactory solution to parties in online contracts because such clauses may not be enforced in certain circumstances. By examining the law of forum selection clauses in Canada and the United States, this thesis discusses the circumstances in which forum selection clauses may not be enforced due to the application of discretionary tests and their inclusion in consumer contracts. This thesis also reviews the enforceability of forum selection clauses in "clickwrap" and "browsewrap" contracts in Canadian and American case law. Moreover, this thesis studies whether discretionary tests and non-enforcement of forum selection clauses in online business to consumer transactions favour the development of electronic commerce. Finally, this thesis addresses the enforcement of forum selection clauses within the works of The Hague Conference of Private International Law.

The Physical Object
Pagination79 leaves.
Number of Pages79
ID Numbers
Open LibraryOL19512717M
ISBN 100612954528

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In the EU, the EC Directive on Electronic Commerce neither establishes additional rules on private international law nor deals with the jurisdiction of courts. Since the EC Directive on Electronic commerce does not cover Internet jurisdiction. Electronic commerce (or e-commerce) has evolved over the years to become a major channel through which businesses can exchange goods and services, coordinate production and market to customers. By harnessing the power of the internet, electronic commerce . Comparing E-Commerce and E-Business we come to the subsequent conclusion: E-Business is a more general term than E-Commerce. However, in this book we will only use the term “E-Commerce“, because every business transaction finally is involved in selling or buying of products or services. And the term “E-Commerce.   Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction .

Get this from a library! E-Commerce: law and jurisdiction. [Dennis Campbell; Susan Woodley; Center for International Legal Studies.;] -- The special issue of the Comparative Law Yearbook of International Business deals with the very topical subject of e-commerce.   This cutting edge legal resource provides practice pointers and in-depth, up-to-the-minute analysis of electronic contracting, electronic payments and lending, intellectual property rights and rights in data, privacy and collections of data, E-business regulation, including antitrust, trade practices, securities and banking, taxation of electronic commerce. Electronic commerce defined Electronic commerce, in a broad sense, is the use of computer networks to improve organizational performance. Increasing profitability, gaining market share, improving customer service, and delivering products faster are some of the organizational performance gains possible with electronic commerce. Little, Brown published the First Edition of this book, The Law of Electronic Commerce, in and the Second Edition in Benjamin Wright was the sole author of those editions. Those first two editions preceded the "Electronic Signatures in Global and National Commerce Act" (E Reviews: 2.