Some technological implications for ascertaining the contents of contracts in web-based transactions
Publication Type
Journal Article
Version
publishedVersion
Publication Date
2011
Abstract
This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.
Keywords
web-based transactions, hyperlinks, Evidence of writing, Contract formation, Technology law
Discipline
Contracts | Internet Law
Publication
Computer Law and Security Review
Volume
27
Issue
4
First Page
368
Last Page
376
ISSN
0267-3649
Identifier
10.1016/j.clsr.2011.05.006
Publisher
Elsevier
Citation
MIK, Eliza.
Some technological implications for ascertaining the contents of contracts in web-based transactions. (2011). Computer Law and Security Review. 27, (4), 368-376.
Available at: https://ink.library.smu.edu.sg/sol_research/1056
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://dx.doi.org/10.1016/j.clsr.2011.05.006