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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 …
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
Eliza Mik
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. …
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.