The Unimportance of Being "Electronic" or Popular Misconceptions about “Internet Contracting”

• Main Author: MIK, Eliza
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2011
• Subjects: electronic contracting; online contracting; e-commerce; click-wraps; Contracts; Internet Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1063; https://ink.library.smu.edu.sg/context/sol_research/article/3015/viewcontent/MikEUnimportanceBeingElectronic.pdf
• Institution: Singapore Management University

Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime issupplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that transactions are concluded on the Internet or with electronic means. The new transacting environment frequently exacerbates pre-existing difficulties, but does not necessarily create them. It is probably too late to abandon popular terminology. It is not too late, however, to recognize its limited implications.