Contract Law

Electronic Contracts Principles from the Common Law

By Simon Blount
LexisNexis Australia December 2008

Specifications

ISBN-13
9780409324389
Publisher
LexisNexis Australia
Publication
December 2008
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Electronic Contracts: Principles from the Common Law identifies issues of contract law that are uniquely problematic for electronic contracts.

In this new book, the author discusses the most important appellate decisions from other common law jurisdictions and seeks to provide the reader with an understanding of how these decisions may influence the development of the law here in Australia.

The book examines the extent to which the common law applies familiar contract law principles to unfamiliar problems, such as whether sufficient notice of terms can be given by hyperlink. It also examines the extent to which the common law may expand familiar principles to fit unfamiliar problems.

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.

Important Features:

· Detailed and scholarly coverage of the topic
· Applies a comparative approach
· Author considers over 150 common law electronic contract cases at appellate level

Table of Contents

· Electronic Contracts at Common Law - An Introduction
· The Statute of Frauds and the Requirement of Writing
· Offer and Acceptance
· The Postal Acceptance Rule and Jurisdiction
· E-Auctions
· Shrinkwrap, Clickwrap and Browsewrap Agreements
· Incorporation of Terms
· Unconscionability
· Misrepresentation, Misleading Conduct and Jurisdiction

About the Author

Simon Blount is a Barrister at State Chambers, Sydney, and a Visiting Lecturer in Law at The University of New South Wales.

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