International Journal of Communications Law & Policy

E-COMMERCE.CO.UK - LOCAL RULES IN A GLOBAL NET
Online business transactions and the applicability of traditional English contract law rules
By Jens T. Werner

Download the Paper in PDF Format: IJCLP Web-Doc 3-6-2001

Abstract

E-commerce is at the heart of the World Wide Web, the world's fastest growing marketplace. Estimates of the British Department for Trade and Industry (DTI) state that e-commerce transactions in the UK are expected to be worth over £ 30bn by 2002.

Business and government in Britain realized the huge impact of e-commerce on the British economy and thus Prime Minister Tony Blair announced the goal of making Britain the best place in the world for electronic business.

However, whereas e-commerce is a global issue, contract law still remains a national domain. This paper addresses the legal issues raised by online contracting from the English contract law perspective. In particular, legal requirements as to form (by deed, in writing) and to the formation of a contract are discussed. As for the latter issue, particular emphasis is placed on the distinction between offers and invitations to treat and on the applicability of the postal rule. Finally, the paper addresses the questions which court has jurisdiction to hear cross-border contractual disputes and which law is applicable to contractual obligations (choice of law).

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