Problems of intention and consideration in online transactions

Publication Type

Book Chapter

Publication Date

10-2016

Abstract

Construction of contract — Formation of contract — Interpretation of contract — Performance of contract — Validity of contractThis chapter discusses issues concerning online transactions and points to further challenges. It commences with a broad discussion on the relationship between the two prerequisites of every contract: intention and consideration. It focuses on the difficulty of establishing intention and consideration in circumstances where the context of a particular online interaction is difficult to categorize as either commercial or social. Next, it deals with problems relating to the application of the offer and acceptance model in online transactions. Some basic questions are posed: Is there an offer? If so, what are its contents? Is there an acceptance? If so, when does it become effective? Throughout the discussion it is assumed that each Internet-based communication method creates different problems, and each stage in the online contract formation process faces different technological challenges. Technology, while not changing contract law per se, adds complexity to the traditional analysis. The question is not: do traditional principles apply? but how do they apply?

Discipline

Commercial Law

Publication

Contract formation: Law and practice

Editor

Michael Furmston, Gregory Tolhurst

ISBN

9780198724032

Publisher

Oxford University Press

Link to Full Text

Share

COinS