Ecommerce law Essay Example | Topics and Well Written Essays - 750 words

Ecommerce law - Essay Example Suppliers, on the other hand, are limited to bring a dispute only in the MS of the consumer's domicile (Art. 162). These rules are not limited by the 'means' that the contract was concluded (Art 151c), such that it covers contracts concluded electronically, extending the protection to e-consumers. English Common Law, on the other hand holds that the choice of law will be that chosen by the parties6 unless it is not bona fide or illegal7 and can only be overridden by the mandatory rules under the Unfair Contract Terms Act 1977 272. The absence of a choice of law, in this sense renders the country with the closest connection applicable.8 Under the Rome Convention (Convention), since it can apply to disputes regardless if the parties are members of a contracting state to the convention (Art 2); "a contract shall be governed by the law chosen by the parties" (Art 31). ... In the United Kingdom, these are set by the Unfair Contract Terms Act 1977, as well as precedents in Common Law. In all three laws, the applicable law will be that chosen by the parties. However, under the three laws, for the rules regarding the absence of a choice of law to be enforced, it is required that 'steps necessary for the conclusion of the contract,' as well as 'specific invitation' or 'previous advertising' are conducted in a country for that country's rules to be applicable (Convention, Art 52; Regulation, Art 133a; Unfair Contract Terms Act 272).9 These provisions, however, entail certain problems. First, the lack of clear definitions regarding fundamental concepts, such the word 'professionals' for both the Regulation and the Convention; and the definition of 'goods and services' under Art 5 1 of the Convention, which does not cover the sale of software as well as content downloads, are bound to create jurisdictional problems for consumers. Second, with regard to the Convention, the rules are not flexible enough to cover changes in the geographic location of the consumer (Art 5 4), which are common in online transactions. This is in contrast to Art 15 1c of the Regulation, where the directed activity concept caters to changes in the consumer's geographic location, provided that they are within the target audience of the professional; which unfortunately is rendered problematic due to lack of legal definition of 'professional', as mentioned above. Third, the consumer is also in danger of losing the protection of his domicile' s 'mandatory rules' as stated in Art 72 due to the requirement in Art 52 that the supplier must first indicate intent to reach a certain market to be applicable, illustrating inflexibility. Last, with