NATURE OF ELECTRONIC COMMUNICATION EFFECTIVENESS OF THE INCORPORATION OF TERMS AND THE VALIDITY OF ELECTRONIC SIGNATURES IN THE LIGHT OF UK AND EU LAW
Keywords:
Abstract
In the first part, this article analyzes which kind of rules should be applied to electronic communications. It compares advantages and disadvantages of postal and acceptance rules. Then introduces the most appropriate rule for electronic communication. In the second part, the effectiveness incorporation of terms of electronic contracts will be analyzed in the light of UK and EU law. The definition of “durable medium” and UK’s position will be compared with the current legislation of EU. At the end, it discusses the validity of electronic signature in the light of EU and UK law.
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References
Table of Cases
Adams v Lindsell [1818] 106 E.R. 250
Household Fire and Carriage Accident Insurance Co v. Grant [1879] 4 Ex D 216
Entores v. Miles Far East Corporation [1955] 2 QB 327; [1955]2 All ER 493
Mondial Shipping and Chartering BV v Astarte Shipping Ltd [1995] C.L.C. 1011 Content Services Ltd v Bundesarbeitskammer [2012] 3 C.M.L.R. 34
Golden Ocean Group Limited v. Salgaocar Mining Industries PVT Ltd [2011] EWHC 56 (Comm)
J Pereira Fernandes SA v. Mehta [2006] 1 WLR 1543
Primary Legislation - Statutes (UK)
Statute of Frauds Act 1677
Electronic Communications Act 2000
The Electronic Identification and Trust Services for Electronic Transactions Regulation 2016 (2016 No.696) and The Electronic Communications Act 2000
UK Consumer Rights Act 2015
Secondary Legislation (UK)
Electronic Commerce (EC Directive) Regulations 2002
Consumer Contract Regulations, 2013
The Electronic Identification and Trust Services for Electronic Transactions Regulation 2016
Table of Legislation (EU)
EC Directive on Electronic Commerce, 2000
Regulation (EU) On electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, 2014
Books
J. Lloyd, Information and technology law (6th edn, Oxford University press, 2011)
N. Andrews, Contract law (Cambridge University press,2011)
F. Wang, Law of electronic commercial transactions contemporary issues in the UE, US and Chine (2nd edn, 2014) 60
D. Nolan, ‘Offer and Acceptance in the Electronic Age’ (Oxford, 2010)
R. Stone and J. Devenney, The modern law of contract (11th edn, 2015) 71
Journal Articles
F. Wang ‘E-confidence: offer and acceptance in online contracting’, (2008) International Review of Law, Computers and Technology, 22 (3): 271–8.
F. Wang, ‘The Incorporation of Terms into Commercial Contracts: A Reassessment in the Digital Age’, (2015) J.B.L. 2, 87-119
