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Legal Aspects Of Electronic Commerce: Rules Of Evidence, Contract Formation And Online Performance

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Chapter Summary

This chapter shows the variety of legal issues raised by electronic commerce. It first discusses the interplay between form requirements and electronic communications. The Internet presents many of the same issues as other transnational technologies, but by facilitating the ability to communicate anywhere, any time, and reducing the importance of geographical and economic boundaries and locations, it facilitates changes to the way companies do business. The chapter considers matters related to contract formation and performance in an electronic environment. Transposing traditional notions of conflicts of laws to a purely electronic environment may pose a number of problems are discussed. Information and communications technology have revolutionized the way business is conducted both at the national and international level. This has led not only to increased efficiency in business, both in terms of time and cost savings, but also to the emergence of new industries and business models.

Keywords: contract formation; electronic commerce; electronic communications; legal value; online performance

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