Electronic Contracts, 2nd edition
Electronic Contracts 2nd edition identifies common law principles and issues that are uniquely problematic for electronic contracts.
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In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated.
From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J.
This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an ‘I agree’ box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of ‘fit for purpose’ can be implied at common law for the download of software.
In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia.
Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws.
This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies.
- Detailed and scholarly coverage of the topic
- Applies a comparative approach
- Author considers over 250 common law electronic contract cases at appellate level
Seddon and Ellinghaus, Cheshire and Fifoot’s Law of Contract, 10th ed 2012
George et al, Social Media and the Law, 2014
Table of contents
Chapter 1. Introduction
Chapter 2. The Requirement of Writing and the Statute of Frauds
Chapter 3. Offer and Acceptance
Chapter 4. The Postal Acceptance Rule, Time and Place of Receipt and Jurisdiction
Chapter 5. E-Auctions
Chapter 6. Shrinkwrap, Clickwrap and Browsewrap Agreements
Chapter 7. Incorporation of Terms
Chapter 8. Vitiating Factors
Chapter 9. Misrepresentation, Misleading and Deceptive Conduct and Jurisdiction
Chapter 10. International Conventions and Model Laws