Chapter%209 - 09/26/11 Chapter 9: Current and Future...

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09/26/11 Chapter 9: Current and Future Contract Law for E-Commerce David Baumer, Spring 2003
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09/26/11 E-Commerce and the Internet Ever since E-Commerce over the Internet became significant commercially there have been proposals to make it uniform The model is the UCC which was composed and revised by the NCCUSL Article 2 is in the process of being revised The NCCUSL has proposed UETA and UCITA to deal with E-Commerce UETA has been adopted by 41 states, UCITA 2 It seems likely that UCITA will have to be revised or withdrawn
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09/26/11 E-Commerce Contract Law Issues There are four contract law issues that have emerged in E-Commerce: Parity between electronic and paper records Enforceability of click-wrap, shrink-wrap and boxtop agreements Attribution or non-repudiation procedures Unique digital signatures
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09/26/11 Parity between Paper and Electronic Records The combined effect of UETA and E-SIGN has been that for most E-Commerce, but not necessarily for most contracts, there is parity between paper and electronic records UETA--Uniform Electronic Transactions Act E-SIGN--federal legislation Electronic Signature in Global and National Commerce Act Both UETA and E-SIGN say that a record will not be denied legal effect solely because it is electronic
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09/26/11 Parity between Paper and Electronic Records There are a number of exceptions and qualifications under both UETA and E-SIGN UETA does not apply if any state law requires a contract to be in paper to be valid E-SIGN requires that electronic records must be storable
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This note was uploaded on 09/26/2011 for the course BUSINESS 411 taught by Professor Staff during the Spring '11 term at Youngstown State University.

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Chapter%209 - 09/26/11 Chapter 9: Current and Future...

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