Droit international des affaires : e-business

Exposé Entreprises & gestion Management organisation

Date de publication :

30/03/2008

Langue :

Anglais

Format :

.doc

Nombre de pages :

12 pages

Niveau :

expert

Consulté :

2 fois

Avis client :

non évalué

Validé par :

le comité Oboulo.com

9,95 € Ajouter au panier

Sommaire :

Sommaire

Background
International laws on validity and breach of ecommerce
Formation and validity of e-contracts
Breach of contract
Breach of contract by seller
Breach of contract by buyer
Viewpoints
Solutions

Résumé :

With the advent of information technology and particularly the Internet, the context of international trade and commerce has been greatly transformed. The businesses that have conventionally been conducted in direct and classical way are being carried out electronically today. This revolution has been broadly termed as e-commerce and e-business. Along with all the facilities and conveniences that the ecommerce brings to businesses as well as the consumers, it also precipitates several problems for both the parties. It is a fact that e-commerce has successfully removed geographical impediments and limitations to buying and selling. However, due to the same reason, there lies considerable confusions and misunderstanding pertaining to the laws and regulations to be followed in the course of international trade via the Internet. While the Internet serves to be global, the parties engaged in ecommerce are generally habitant in different countries with varying national laws. international ecommerce seriously lacks the laws that could successfully be implemented on a global scale regardless of the laws followed in different countries.

Due to differences in jurisdiction, parties engaged in ecommerce confront the issue of enacting their electronic contracts on the basis of an applicable law that might differ from country to country. Buyers and sellers from different territories often find it difficult to find a remedy from law in the case when one party breaches the contract to the detriment of another party. Although there have been several laws internationally developed to protect the rights of buyers and seller trading electronically, yet these laws are not applicable in all parts of the world. This paper illuminates several clauses of the two international laws viz. UN Convention on Contracts for the Sale of Goods 1980 and United Nations Convention on the Use of Electronic Communications in international Contracts 2005 concerning the validity and breach of ecommerce contracts. It sheds light on the remedies available in these laws to the party suffering losses from the breach of contract.