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Full-Text Articles in Law

Contracting With Electronic Agents, Anthony J. Bellia Oct 2013

Contracting With Electronic Agents, Anthony J. Bellia

Anthony J. Bellia

Established contract doctrine provides no clear answer to the question whether exchanges arranged by the interaction of electronic agents are enforceable. This Article explores whether the law should enforce exchanges arranged by the interaction of electronic agents. It examine how normative theories of contractual obligation inform the issue, with an eye toward the strengths and weaknesses of each theory. The theories that most strongly support the enforcement of exchanges arranged by electronic agents, this Article explains, are those that ground contractual obligation in protecting the ability of individuals to pursue their reasonable objectives through reliable arrangements.


From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds Jan 2013

From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Maryland Law Review

No abstract provided.


The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik Dec 2011

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 …


The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik Jan 2011

The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik

Research Collection Yong Pung How School Of Law

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 …


Chapter 9 - Incorporation Of Terms, Eliza Mik Dec 2006

Chapter 9 - Incorporation Of Terms, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 10 - Electronic Assent, Eliza Mik Dec 2006

Chapter 10 - Electronic Assent, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 11 - Conclusions, Eliza Mik Dec 2006

Chapter 11 - Conclusions, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 5 - Offer And Acceptance, Eliza Mik Dec 2006

Chapter 5 - Offer And Acceptance, Eliza Mik

Eliza Mik

No abstract provided.


Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik Dec 2006

Contract Formation In Open Electronic Networks - Chapter 1 Introduction, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 2 - The Technological Premises, Eliza Mik Dec 2006

Chapter 2 - The Technological Premises, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik Dec 2006

Chapter 7 - Determining "Dispatch" And "Receipt", Eliza Mik

Eliza Mik

No abstract provided.


Chapter 4 - Identification And Attribution, Eliza Mik Dec 2006

Chapter 4 - Identification And Attribution, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik Dec 2006

Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 3 - From Automation To Autonomy, Eliza Mik Dec 2006

Chapter 3 - From Automation To Autonomy, Eliza Mik

Eliza Mik

No abstract provided.


Chapter 6 - Effectiveness Of Acceptance, Eliza Mik Dec 2006

Chapter 6 - Effectiveness Of Acceptance, Eliza Mik

Eliza Mik

No abstract provided.


Contracting With Electronic Agents, Anthony J. Bellia Jan 2001

Contracting With Electronic Agents, Anthony J. Bellia

Journal Articles

Established contract doctrine provides no clear answer to the question whether exchanges arranged by the interaction of electronic agents are enforceable. This Article explores whether the law should enforce exchanges arranged by the interaction of electronic agents. It examine how normative theories of contractual obligation inform the issue, with an eye toward the strengths and weaknesses of each theory. The theories that most strongly support the enforcement of exchanges arranged by electronic agents, this Article explains, are those that ground contractual obligation in protecting the ability of individuals to pursue their reasonable objectives through reliable arrangements.