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Ref: law0003

This paper therefore sets out to analyse the current state of the law in England and Wales as it relates to business to business electronic commerce, with reference to the EU and USA where appropriate. In particular this paper will review the law as it relates to Contract Formation, Choice of Law and Jurisdiction, Signatures and Payment with the purpose of assessing whether the current state of the law in these areas is adequate to facilitate business to business trade over the internet with legal certainty, or whether the law is inadequate or uncertain despite the legislation being recently updated, or because it has not been updated to take into account this change in trading method.



1. Introduction

2. Contract Formation
Offer or Invitation To Treat
Communication Of Acceptance - The Postal Rule
An End To Battle Of The Forms?
Acceptance By Computer
Uniform Rules
Contract Validity

3. Choice of Law and Jurisdiction

4. Electronic Signatures
Signatures In English Law – An Introduction
Forged Signatures
Eu Electronic Signatures Directive
Electronic Signatures In The Directive
Electronic Communications Act 2000
Advanced Electronic Signatures
Certification Service Providers
Csps Liabilities
Uncitral

5. Payment Mechanisms For E-Commerce
Current Payment Mechanisms
Cash
Cheque
Eftpos
Credit/Debit Cards
The Present Situation
Why The Need For Change?
User Limitation
Merchant Liability
Security
Transaction Costs
Privacy
Current Situation - Conclusion
Electronic Cash
Eftpos Based Electronic Cash
True Electronic Cash
Security
Transaction Costs
User Limitation
Privacy
Fraudulent Use of Credit/Debit/Eftpos Systems
Stolen Electronic Cash
Counterfeit Electronic Money
Issuing of Electronic Money
Financial Services and Markets Act 2000
The Electronic Money Institutions Directive

6. Conclusion

7. Bibliography




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