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Electronic Consumer Contracts in the Conflict of Laws

By: Zheng Sophia Tang
Media of Electronic Consumer Contracts in the Conflict of Laws
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Published: 09-09-2009
Format: PDF eBook (?)
Edition: 1st
Extent: 348
ISBN: 9781847315335
Imprint: Hart Publishing
Series: Studies in Private International Law
RRP: £64.99
Online price : £58.49
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About Electronic Consumer Contracts in the Conflict of Laws

The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve.



Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.

Reviews

“The text is comprehensive but not overly long at just under 300 pages. It is well written and its subject matter makes it essential reading for academics and students with an interest in the conflict of laws and e-commerce law.” –  Felicity Monteiro, New Zealand Law Journal

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