This chapter examines contracts in electronic commerce and their implications for the traditional contract law and the law relating to payment and payment methods. It first looks at the rules for the formation of informal electronic contracts and the regulation of offer and acceptance, focusing on Articles 9–11 of the European Union’s Electronic Commerce Directive. The chapter then considers the question of when acceptance is effectively communicated to the offeror, the terms of the contract, and their enforcement as well as evaluating formal contracts and discussing their formation and terms. A focus for this chapter is the evolving laws on electronic signatures, the role of qualified trust service providers and how electronic signatures are formalized. The chapter concludes with a discussion of the evolving area of smart contracts: their design, formation, and what the role of the law is in relation to these self-enforcing agreements.
Chapter
This chapter examines contracts in electronic commerce and their implications for the traditional contract law and the law relating to payment and payment methods. It first looks at the rules for the formation of informal electronic contracts and the regulation of offer and acceptance, focusing on Articles 9–11 of the European Union’s Electronic Commerce Directive. The chapter then considers the question of when acceptance is effectively communicated to the offeror, the terms of the contract, and their enforcement as well as evaluating formal contracts and discussing their formation and terms. A focus for this chapter is the evolving laws on electronic signatures, the role of qualified trust service providers and how electronic signatures are formalized. The chapter concludes with a discussion of the evolving area of smart contracts: their design, formation and what the role of the law is in relation to these self-enforcing agreements through an analysis of the Law Commission Report Smart Legal Contracts.
Chapter
This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored, as too are the reasons for when contract formalities may be required. There is discussion of electronic signatures in light of the Law Commission Report on Electronic Execution of Documents and the case of Neocleous v Rees.
Chapter
This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored in light of the recent Supreme Court case of RTS Flexible Systems Ltd. The reasons for when contract formalities may be required are also noted. There is also discussion of electronic contracting, in relation to the introduction of the Electronic Identification and Trust Services for Electronic Transactions Regulations (2016/696).
