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Article
Some technological implications for ascertaining the contents of contracts in web-based transactions
Computer Law and Security Review
  • Eliza MIK, Singapore Management University
Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2011
Abstract

This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.

Keywords
  • web-based transactions,
  • hyperlinks,
  • Evidence of writing,
  • Contract formation,
  • Technology law
Discipline
Identifier
10.1016/j.clsr.2011.05.006
Publisher
Elsevier
Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Additional URL
http://dx.doi.org/10.1016/j.clsr.2011.05.006
Citation Information
Eliza MIK. "Some technological implications for ascertaining the contents of contracts in web-based transactions" Computer Law and Security Review Vol. 27 Iss. 4 (2011) p. 368 - 376 ISSN: 0267-3649
Available at: http://works.bepress.com/elizamik/17/