Publication Type

Journal Article

Version

Postprint

Publication Date

2011

Abstract

Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime issupplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that transactions are concluded on the Internet or with electronic means. The new transacting environment frequently exacerbates pre-existing difficulties, but does not necessarily create them. It is probably too late to abandon popular terminology. It is not too late, however, to recognize its limited implications.

Keywords

electronic contracting, online contracting, e-commerce, click-wraps

Discipline

Contracts | Internet Law

Research Areas

Commercial Law

Publication

International Journal of Law and Information Technology

Volume

19

Issue

4

First Page

324

Last Page

347

ISSN

0967-0769

Identifier

10.1093/ijlit/ear011

Publisher

Oxford University Press

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://dx.doi.org/10.1093/ijlit/ear011

Share

COinS