Electronic contracts : principles from common law

Full Title
Dedication
Copyright
Foreword to First Edition
Foreword to Second Edition
Preface to First Edition
Preface to Second Edition
Table of Cases
Table of Statutes
Table of Contents
	Chapter 1 Introduction
		Preliminary
		Overview
		Method
		Outline
			Formalities
			Formation
			Formation under the Uniform Commercial Code (US)
			Incorporation and implication
			Vitiating factors
			International Conventions and Model Laws
		Conclusion
	Chapter 2 The Requirement of Writing and the Statute of Frauds
		Introduction
		General Requirements
		The Statute of Frauds
			Telegrams, mailgrams, telexes and faxes
			Email — sale of land
			Email — lease of land
			Email — option to purchase land
			Email — settlement agreements relating to land
			Email — contracts for sale of goods
		Signature
			Validity
			Validity under general requirements
			Validity under the Statute of Frauds
		Electronic Transactions Legislation and the Statute of Frauds
		Conclusion
	Chapter 3 Offer and Acceptance
		Introduction
		Offer
			Offer of standard form terms
			Offer by machine
			Offer by interactive webpage
		Revocation
		Acceptance
			An offer must be accepted by the offeree
			An acceptance must be communicated to the offeror
			Acceptance must be unequivocal
			Silence does not amount to acceptance
			An acceptance must be given within a reasonable time
			A counter-offer is not an acceptance
		Promissory Estoppel
		Illusory Contracts
		Conclusion
	Chapter 4 The Postal Acceptance Rule, Time and Place of Receipt and Jurisdiction
		Introduction
		The Receipt Rule
		The Postal Acceptance Rule
			Acceptance by telex
			Acceptance by fax
			Acceptance by email
		Recalling an Electronic Acceptance
		Time and Place of Receipt
			Time
			Place
			Electronic transactions legislation
		Jurisdiction
			Australia
			Canada
			United States
		Conclusion
	Chapter 5 E-Auctions
		Introduction
		Online Auction and Agency
		Online Auction With Reserve
		Online Auction Without Reserve
		Conclusion
	Chapter 6 Shrinkwrap, Clickwrap and Browsewrap Agreements
		Introduction
		The Uniform Commercial Code
		Shrinkwrap Contracts
			The Seventh Circuit and ‘layered contracting’
			ProCD v Zeidenberg distinguished
		Clickwrap Contracts
			CD-ROM clickwrap
			Online clickwrap contracts
			Modified clickwrap contracts
		Browsewrap Contracts
		Conclusion
	Chapter 7 Incorporation of Terms
		Introduction
		Signature
		Agency
		Notice
			Reasonably conspicuous notice by scrollbox
			Reasonably conspicuous notice by hyperlink
			Reasonably conspicuous notice of onerous terms
		Course of Dealings
		Incorporation by Reference
		Express and Implied Terms
		Implied Terms
			Terms implied for business efficacy
			Terms implied by law
		Conclusion
			Signature and notice
			Express and implied terms
	Chapter 8 Vitiating Factors
		Introduction
		Mistake
		Duress
		Unconscionability
		Procedural Unconscionability
			Market alternatives
		Substantive Unconscionability
			Forum selection causes
			Arbitration clauses
			Waivers of class actions
		Legislating for Substantive Unconscionability
		Conclusion
	Chapter 9 Misrepresentation, Misleading and Deceptive Conduct and Jurisdiction
		Introduction
		Representations
			Pre-contractual representations
			Misrepresentation inducing a contract
			Fraudulent misrepresentation
		Misleading and Deceptive Conduct
		Liability of Internet Service Providers
		Jurisdiction
			Misrepresentations
			Misleading and deceptive conduct
			Jurisdiction under legislation
		Conclusion
	Chapter 10 International Conventions and Model Laws
		Introduction
		The Vienna Convention
		Model Law on Electronic Commerce
		Model Law on Electronic Signatures
		Convention on the Use of Electronic Communications in International Contracts
		Conclusion
Index