Publication Type

Journal Article

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

Research Areas

Commercial 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

Additional URL

http://dx.doi.org/10.1016/j.clsr.2011.05.006

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