Some technological implications for ascertaining the contents of contracts in web-based transactions

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 chokepoi...

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Bibliographic Details
Main Author: MIK, Eliza
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2011
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/1056
https://ink.library.smu.edu.sg/context/sol_research/article/3008/viewcontent/3SOMETECHNOLOGICALIMPLICATIONSFORASCERTAININGTHECONTENTSOFCONTRACTSINWEB_BASEDTRANSACTIONS_NT.pdf
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Institution: Singapore Management University
Language: English
Description
Summary: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.