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Full-Text Articles in Law
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Eliza Mik
The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law …
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Eliza Mik
No abstract provided.
Contracts Governing The Use Of Websites, Eliza Mik
Contracts Governing The Use Of Websites, Eliza Mik
Eliza Mik
With the progressive transformation of the Internet from a romanticised instrument of freedom and self-expression into a commercial platform for digital distribution, most websites must be recognised as access interfaces to a wide range of content and services. This paper examines the contracts purportedly governing the use of such content and services. It explores the difficulties of establishing legal intention in a context that is not unambiguously commercial or transactional and contrasts popular beliefs with the basic principles of contract law. It draws a clear distinction between contracts governing traditional e-commerce exchanges, such as buying books on Amazon.com, and contracts …
Contracts Governing The Use Of Websites, Eliza Mik
Contracts Governing The Use Of Websites, Eliza Mik
Eliza Mik
With the progressive transformation of the Internet from a romanticised instrument of freedom and self-expression into a commercial platform for digital distribution, most websites must be recognised as access interfaces to a wide range of content and services. This paper examines the contracts purportedly governing the use of such content and services. It explores the difficulties of establishing legal intention in a context that is not unambiguously commercial or transactional and contrasts popular beliefs with the basic principles of contract law. It draws a clear distinction between contracts governing traditional e-commerce exchanges, such as buying books on Amazon.com, and contracts …
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Eliza Mik
No abstract provided.
Terms Of Use: Reflections On A Theme, Eliza Mik
Terms Of Use: Reflections On A Theme, Eliza Mik
Eliza Mik
The paper presents multiple perspectives on the unpopular but omnipresent terms of use (or "ToUs"), i.e. terms and conditions contained in a link at the bottom of many websites. ToUs serve different functions: from governing the transaction taking place on a website, (e.g. contracts of sale) to the very act of browsing. Accordingly, every browsing experience has both a commercial and a legal tint. On a theoretical level ToUs raise concerns with regards to their validity as legally binding contracts as well as to their incorporation. Both formation and incorporation converge on the presence and quality of contractual intention. The …
Certainty At Last? : A “New” Framework For Electronic Contracting In Singapore, Eliza Karolina Mik
Certainty At Last? : A “New” Framework For Electronic Contracting In Singapore, Eliza Karolina Mik
Eliza Mik
The more one looks at the legal issues, the less awesome most of them appear, and the less radical the measures needed to ensure that the law does not unnecessarily impede e-commerce.
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik
Eliza Mik
The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. The technological characteristics of the Internet have a tendency to turn traditional legal doctrines on their head, or, at least expose flaws in existing legal arguments. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity. The latter must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence …
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example, Eliza Mik
Eliza Mik
The United Nations Commission on International Trade Law (UNCITRAL) Convention on the Use of Electronic Communications in International Contracts (CUECIC or Convention) was adopted on 23 November 2005. Its essential objective is to establish uniform rules intended to “remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.” The Convention relies on the UNCITRAL Model Law on Electronic Commerce (MLEC), which constitutes an e-commerce flagship project dating back to 1995. It also resembles UNCITRAL’s Convention …
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
Eliza Mik
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik
The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik
Eliza Mik
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 …
Some Technological Implications For Ascertaining The Contents Of Contracts In Web-Based Transactions, Eliza Mik
Some Technological Implications For Ascertaining The Contents Of Contracts In Web-Based Transactions, Eliza Mik
Eliza Mik
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.
Updating The Electronic Transactions Act? Australia's Accession To The Un Convention On The Use Of Electronic Communications In International Contracts 2005, Eliza Karolina Mik
Updating The Electronic Transactions Act? Australia's Accession To The Un Convention On The Use Of Electronic Communications In International Contracts 2005, Eliza Karolina Mik
Eliza Mik
This article discusses the Australian Government’s proposal to accede to the United Nations Convention on the Use of Electronic Communications in International Contracts as well as certain amendments to existing Australian electronic transactions legislation, i.e. the Electronic Transactions Act (Commonwealth) 1999 (”ETA”) and its state equivalents. Without going into a detailed discussion of all suggested amendments, this article focuses on those recommendations, which affect the area of contract formation, in particular: the use of automated systems in on-line transactions and the determination of the time the contract comes into existence. A critical review of the proposed changes reveals that their …
Contract Formation Online, Eliza Karolina Mik
The Effectiveness Of Acceptances Communicated By Electronic Means, Or - Does The Postal Acceptance Rule Apply To Email?-, Eliza Mik
Eliza Mik
No abstract provided.
Chapter 9 - Incorporation Of Terms, Eliza Mik
Chapter 10 - Electronic Assent, Eliza Mik
Chapter 11 - Conclusions, Eliza Mik
Thesis - Abstract, Eliza Mik
Chapter 5 - Offer And Acceptance, Eliza Mik
Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik
Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik
Eliza Mik
No abstract provided.
Chapter 2 - The Technological Premises, Eliza Mik
Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik
Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik
Eliza Mik
No abstract provided.
Chapter 4 - Identification And Attribution, Eliza Mik
Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik
Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik
Eliza Mik
No abstract provided.
Chapter 3 - From Automation To Autonomy, Eliza Mik
Chapter 6 - Effectiveness Of Acceptance, Eliza Mik