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Electronic contracts are witnessing rapid growth, becoming a significant portion of both international and domestic trade. This is attributed to the ease and speed of their formation and execution, allowing individuals to access a wide range of options by simply pressing the keyboard of their internet-connected devices. This eliminates the need for physical movement and facilitates constant communication and interaction between the contract parties. Such digital transactions ensure complete freedom for negotiation and discussion of contract terms, akin to traditional face-to-face negotiations conducted in a physical contract assembly. This has led to an increased demand for products and services online, consequently expanding the consumer base in the realm of electronic commerce (Al Marzouki, 2019). The buyer holds a central role in the business process but is in a relatively weaker position compared to the merchant, who is considered the stronger party. Merchants can master the mechanisms of managing electronic business practices professionally on websites, while consumers may approach contracts with only basic familiarity, limited by the technologies available to them. Hence, there arises a need for consumer protection laws designed to shield individuals from deceptive and misleading policies and practices in unfair business transactions (Almehiri, 2015). Therefore, it is imperative to provide special protection for the buyer in electronic contracts. The idea of buyer protection has garnered significant interest in most civilizations worldwide, as it constitutes a right enjoyed by the consumer. This protection shields the consumer from fraud and deception that may be perpetrated by the seller. Consumer protection witnessed a substantial breakthrough in the twentieth century with the enactment of numerous laws supporting consumer rights. Additionally, both local and international entities have shown interest in educating consumers across various fields to ensure they are aware of their rights and responsibilities, preserving them within the appropriate legal framework (Abdul Samad, 2016). It is now evident that buyer protection is crucial in electronic contracting. This protection extends beyond the time of contract formation and execution; it is equally essential to safeguard the buyer from the moment they enter the online sphere to search for an e-commerce store to contract with until the contract's execution. The aspects of this protection manifest in the stage of electronic advertising on the store's website on one hand, on the other hand, ensuring consumer protection during the negotiation phase of the contract is a matter that must be carefully considered by the e-commerce store. [ABSTRACT FROM AUTHOR]

This research aims to examine the dynamics of electronic contract agreements in digital business by conducting a comparative analysis and analyzing their legal implications. The research method used is a descriptive analytical approach by collecting data from various primary and secondary sources. The main findings of this study include the comparative analysis results between electronic contracts and conventional contracts, as well as the identification of key findings related to legal implications in digital business. The analysis results show that electronic contracts have different characteristics from conventional contracts, including in terms of proof, validity, and legal enforcement. Relevant legal implications in digital business include legal recognition of electronic transactions, consumer protection, dispute resolution, and taxation aspects. The conclusion of this study indicates the need for a deeper understanding of electronic contracts for legal practitioners, entrepreneurs, and researchers involved in digital business. The recommendations provided include the need for legal regulation adjustments, increasing public understanding of electronic contracts, and implementing appropriate legal practices in managing electronic contract agreements in digital business.

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

[Purpose] This article is aimed at revealing the theoretical features of an electronic transaction as evidence in the procedural and legal field of a judicial instance. [Methodology/Approach/Design] The leading method of studying this issue is a combination of materials and methods of scientific knowledge. The main one is the dialectical method, which was used during the entire study and is considered the basic one in all components of the work, which made it possible to analyse comprehensively the theoretical developments of domestic and foreign scientists, as well as to study the judicial practice of applying the regulatory framework in the evidentiary process and the practical activities of leading lawyers in the judicial process of using electronic evidence. [Findings] The relevance of this article is due to the increasing trend in the use of electronic transactions, as well as the use of the latter in court as evidence. So, the legal nature of electronic transactions is analysed here in detail, namely: the history of occurrence, approval by national legislation, methods and conditions of conclusion, as well as legal force in legal relations between individuals and legal entities, the methodological basis for the study of the concept of electronic transactions has been determined, and their sources of legal regulation of their existence have been identified. The article provides a list of characteristic features of electronic transactions, reveals the main methods of their conclusion, justifies the effectiveness of using electronic transactions in courts as an evidence base, identifies the main legal omissions and shortcomings of the regulatory framework. [Practical Implications] The materials of this article provide applied value in the course of the reform and improvement of procedural legislation, as well as the development of methodological manuals for training and skill development of practising jurists and lawyers.

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article covers several developments in online contract formation, including cases which demonstrate that courts are focusing on website design and transactional context. Topics include a discussion of U.S. cases Soliman v. Subway Franchisee Advertising Fund Trust and Sarchi v. Uber Technologies wherein the courts ruled that no contract was formed and that websites should do more to make notices conspicuous instead of expecting vigilance on the part of website user and facts of the cases.

Currently, internet development grows rapidly which facilitates and eases various economic activities, especially e-commerce transactions, on a global scale. In 1996, the UNCITRAL regulated the e-commerce transactions, including e-contracts. The e-contract is one of the most relevant matters in e-commerce transactions, especially it is of importance for the consumers to avoid any unwanted situations. However, several problems arise for consumers in conducting e-commerce transactions, such as the asymmetrical bargaining power of the parties involved. In this sense, there is an urgency for the legal protections for consumers. The objective of this article is to understand the connection between consumers’ legal protection and e-contracts validity in e-commerce transactions. The research method used is the legal descriptive analysis through statutory and conceptual approach. This study analyzes the legal relationship between the legislations related to the e-contracts within e-commerce transaction in Indonesia, which are the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 19 of 2008 on Information and Electronic Transactions. Through a systematic appraisal, it argues that the current legal framework does not fully guarantee legal certainty for consumers in e-commerce transactions, such as on the obligations of producers and distributors to customers in the e-commerce transactions. [ABSTRACT FROM AUTHOR]

the importance of proof is not controversial in the field of all law branches, because it is the first step to protect rights. the development in different domains influences the legal proof of acts, considering that the question of law and statutes making is attached the daily life which characterized nowadays by the use of technology and the new and developed technical means, the fact that leads individuals to use this tools in concluding e-commerce contracts, defined as acts contracted on electronic supports.

[Purpose] This article is aimed at revealing the theoretical features of an electronic transaction as evidence in the procedural and legal field of a judicial instance. [Methodology/Approach/Design] The leading method of studying this issue is a combination of materials and methods of scientific knowledge. The main one is the dialectical method, which was used during the entire study and is considered the basic one in all components of the work, which made it possible to analyse comprehensively the theoretical developments of domestic and foreign scientists, as well as to study the judicial practice of applying the regulatory framework in the evidentiary process and the practical activities of leading lawyers in the judicial process of using electronic evidence. [Findings] The relevance of this article is due to the increasing trend in the use of electronic transactions, as well as the use of the latter in court as evidence. So, the legal nature of electronic transactions is analysed here in detail, namely: the history of occurrence, approval by national legislation, methods and conditions of conclusion, as well as legal force in legal relations between individuals and legal entities, the methodological basis for the study of the concept of electronic transactions has been determined, and their sources of legal regulation of their existence have been identified. The article provides a list of characteristic features of electronic transactions, reveals the main methods of their conclusion, justifies the effectiveness of using electronic transactions in courts as an evidence base, identifies the main legal omissions and shortcomings of the regulatory framework. [Practical Implications] The materials of this article provide applied value in the course of the reform and improvement of procedural legislation, as well as the development of methodological manuals for training and skill development of practising jurists and lawyers. [ABSTRACT FROM AUTHOR]

The article pays attention to potential and limitations of enforcement of system for electronic contract, blockchain technology in contract formation and execution.

Iran is in a special place in terms of oil exports, and it is natural that in this valley traders are also looking for a better market and more profits. With development and progress of the Internet and new technologies, the world economy has taken an upward trend towards e-commerce. The questions that will be answered are the questions that can be answered between the Iranian Stock Exchange and the International Forex Market, which one can be suitable for oil traders and what kind of contracts they sign to make more profits. Therefore, this research aimed to explain the nature and fundamentals of stock and forex markets and future contracts and their differences, to have a comparative view on their advantages and disadvantages towards each other and to investigate the conclusion of futures contracts in these two markets. The findings indicate that the international forex market in Iran is legal and legitimate and has many advantages for oil traders compared to the stock market and it is proved that trading in this market is not gambling and usury. Also, if you use contracts for difference or CFDs in their transactions, they will receive more points. Special formalities are needed to conclude future contracts on the stock market and Forex markets.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

To work, go to school, shop and even to communicate with each other, Americans live by the terms of myriad tech company contracts. Indeed, any time someone presses the "1 agree" button that pops up on a website-the clicking of which is required to continue on-they have entered into such a contract. Rarely read by the consumer and often objectively one-sided in the company's favor, these contracts contain all the terms that will govern the consumer relationship to the company, including, among other things, how the company will control the use and sale of that consumer's personal data. Given the growing consumer discontent with these non-negotiated, digital contracts-the breadth of the data collection policies, the inadequate notice about important terms, and the apparent unequal enforcement ofwhat should be standard (equally applied) terms-it is surprising that there has been so little pushback on their enforceability. To be sure, there are calls for comprehensive privacy legislation that targets objectionable data collection terms. While such legislation is necessary and welcome, there may be an under-utilized ally for consumers already well-established in our legal system-the doctrine ofunconscionability. This Article argues that, correctly applied, unconscionability can serve as an effective support to privacy legislation and can protect consumers against egregious digital contracting practices. This Article jirst sets out the historical roots of the unconscionability doctrine, including discussion of two seminal cases-Williams v. Walker- Thomas Furniture Co. and A & M Produce Co . v . FMC Corp. This Article then highlights current contract concerns-such as privacy protections and discriminatory enforcement-and examines current digital contract problems concerning Facebook, YouTube, TikTok, and Uber and how unconscionability might apply to the benefit of consumers. To test if unconscionability is sufficiently robust to curb contractual excesses, this Article presents and analyzes a novel and unique dataset of over 7,000 unconscionability court decisions. Aspartofthe extensivedataanalysis, 814 court decisions on unconscionability claims were read, analyzed, and catalogued to determine the success and contours of the courts' decisions. Finally, this Article presents a possible legislative "upgrade" to the doctrine of unconscionability to refocus, where necessary, courts' deployment ofit in cases Of digital contracting. [ABSTRACT FROM AUTHOR]

The aim of the article is to present the legal provisions used to identify taxpayers (and similarly other entities) using electronic communication in the times of COVID-19, in the light of the construction of public ICT systems for submitting declarations and applications. The COVID-19 pandemic accelerated the IT transformation, including the benefits of switching to digital tools, unless the legislator had already imposed an obligation to use electronic communication. For tax purposes, the range of possible signatures has not been limited to a qualified electronic signature, a trusted signature, a personal signature, and possibly a simple identity verification mechanism using an account in an ICT system secured only with a password. It is often used to sign the so-called "authorization data" ("tax data"). The new facilitations in the field of creating a trusted profile should translate into the popularization of the trusted signature, especially as there are more and more non-tax online services provided by public entities. [ABSTRACT FROM AUTHOR]

A web hosting contract is one of the most important types of electronic contract, as it governs the relationship between the web hosting contractor and the user. The web hosting contractor undertakes storage of data and information for clients and provides the technical means to enable them to access this storage online. In this case, the web hosting provider acts as a neutral intermediary in the transmission of information, without being responsible for its content, although it is responsible for any breach of the contract, or the hosting of illegal content. Consequently, it acts as a lessor for a space on the network. Due to the lack of any legal framework governing this relationship in either Egypt or Iraq, this type of contracts raises many legal questions. The study concludes with some recommendations for further studies. [ABSTRACT FROM AUTHOR]

Contracts play an important role in business management where relationships among different parties are dictated by legal rules. Electronic contracts have emerged mostly due to technological advances and electronic trading between companies and customers. New challenges have then arisen to guarantee reliability among the stakeholders in electronic negotiations. In this scenario, automatic verification of electronic contracts appeared as an imperative support, specially the conflict detection task of multi-party contracts. The problem of checking contracts has been largely addressed in the literature, but there are few, if any, methods and practical tools that can deal with multi-party contracts using a contract language with deontic and dynamic aspects as well as relativizations, over the same formalism. In this work we present an automatic checker for finding conflicts on multi-party contracts modeled by an extended contract language with deontic operators and relativizations. Moreover a well-known case study of sales contract is modeled and automatically verified by our tool. Further, we performed practical experiments in order to evaluate the efficiency of our method and the practical tool. [ABSTRACT FROM AUTHOR]

In an e-service environment contracts are important for attaining business process interoperability and enforcing their proper enactment. An e-contract is the computerized facilitation or automation of a contract in a cross- organizational business process. Currently, there are many different approaches to create electronic contracts and support their execution. However, when creating a system based on e- contracts it is not always clear what model/technology/architecture to choose and what possible ramifications are. To address the problem, in this paper four most popular e-contract models (and systems supporting them) are taken and examined across several dimensions (e.g., e- contract model, e-contract lifecycle, solution architecture, supporting technologies). It appears that all of taken models have similar main line of actions and goals, however each solution has some additional specific features that is why technical implementation is very different.

In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of "browse-wrap" contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an "I agree" button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to embrace the Specht v. Netscape Communications Corp. and GDPR requirements that all contracts entered into online are only enforceable once the consumer clearly and unambiguously manifests assent to the contract's terms. [ABSTRACT FROM AUTHOR]

The article examines the relevance of the efforts by the American Bar Association (ABA) Business Law Section's Joint Working Group to provide legal guidance to companies on electronic contracting practices. Topics include the two articles published by the group in 2001 and 2003 on topics like click-through agreements and Browse-Wrap agreements and the case Berkson v. Gogo, LLC about electronic contracts.

One of the exclusive institutions of Iranian E-Commerce Law and convention on the use of electronic communications in international contracts approved in 2005 by united nations general assembly is the Nature of Withdrawal Right in Electronic Contracts. Unfortunately researchers haven’t studied the nature of withdrawal right of these two sources and commandments question of research: What is the nature of withdrawal right in Iranian E-Commerce law and convention on the use of electronic communications in international contracts? The method of this research in finding the answer of mentioned question is by using library and inferring from the articles of two mentioned sources. It means that this research has based its comparative study on the related articles of two mentioned sources. Also it has presented on the strength of rational analysis and legal inference method and in legal gap cases, these two sources on the strength of principl 167 of constitution low have retered to othher iraian law sources, inclvding subjective and Imamieh law finded and presented its commandent. Importance and necessity of this research is that it is both the first scientific study in issue and a practical research. So its result will be useful for lawyers, attorneys of judiciary, judges of the courts and arbitrators in interpretation of the articles of two mentioned sources about the nature of withdrawal right of electronic contracts and commandments resulting from it.

This essay offers an update on cases in the U.S. involving non-negotiated digital contracts also known as wrap contracts. Topics covered include increase in responsibility imposed on drafting parties, lack of clarity regarding whether notice of specific terms is required, the requisite affirmative act, evidence of website design and content and burden of proving an unambiguous manifestation of assent.

Understanding accountability in contract violations, e.g., whom is accountable for what, is a tedious, time-consuming, and costly task for human decision-making, especially when contractual responsibilities are delegated among parties. Intelligent software agents equipped with expert capabilities such as monitoring and diagnosis help save time and improve accuracy of diagnosis by formal reasoning upon electronic contracts. Such contracts are represented as commitment norms, a well studied artifact in multi-agent systems, which provide semantics for agent interactions. Due to the open and heterogeneous nature of multi-agent systems, commitments are often violated. When a commitment is violated, e.g., an exception occurs, agents need to collaborate to understand what went wrong and which agent is responsible. We propose Comodo : a framework for monitoring commitment delegations and detecting violations. We define a complete set of possible rational delegation schemes for commitments, identifying for each combination of delegations what critical situations may lead to an improper delegation and potentially to a commitment violation. Comodo provides a sound and complete distributed reasoning procedure that is able to find all improper delegations of a given commitment. We provide the complete implementation of Comodo using the Reactive Event Calculus, and present an e-commerce case study to demonstrate its workings. Due to its generic nature, we discuss the application of our approach to other distributed diagnosis problems in emergency healthcare, Internet of Things and smart environments, and security, privacy, and accountability in the context of socio-technical systems. [ABSTRACT FROM AUTHOR]

The article history of online contracting in the U.S. Topics discussed include ProCD, Inc. v. Zeidenberg court case involving a shrink wrap license; Berkson v. Gogo LLC court case addressing sign-in-wrap to the clickwrap and browsewrap taxonomy; and Carey v. Uber Technologies, Inc. court case addressing clickwrap assent.

"Smart contracts" are decentralized agreements built in computer code and stored on a blockchain. Proponents imagine a future where commerce takes place exclusively using smart contracts, avoiding the high costs of contract drafting, judicial intervention, opportunistic behavior, and the inherent ambiguities of written language. These decentralized code-only contracts are part of a decades-long quest to eliminate supposed inefficiencies in traditional written agreements. Electronic data interchange (EDI), a contracting technology from the 1970s, was designed with the same goal and garnered similar fanfare. Commentators at the time imagined a revolution in the way firms transacted and a full shift away from anything resembling a paper contract. Ultimately EDI failed to achieve these goals--it empowered, rather than circumvented, human decisionmakers along with their "inefficient" way of forming agreements. In doing so, EDI successfully reduced some transaction costs while preserving efficient forms of contractual flexibility. Smart contracts are indeed more technologically sophisticated than EDI. Smart contract scripting languages offer a broader range of operations and greater scalability. Smart contracts are capable of seamlessly integrating with the operational and financial systems at the core of modern firms, whereas EDI transactions occurred in very early digital environments that required human intermediaries. Proponents of the smart contract revolution, therefore, do not describe the technology as a way to merely enhance human activity; they argue it can replace every stage of agreement formation and performance. From a purely technical standpoint, they might be right. However, shifting away from human-language contracts creates new inefficiencies. These stem from three features of smart contracts: automation, which requires that every agreement be formed from fully-defined terms; decentralization, which conditions performance on verification by third parties; and anonymity, which eliminates the use of commercial context to give meaning to agreement terms. As a result, it is extremely costly to form smart contracts in a volatile environment or whenever there's a level of uncertainty surrounding the agreement. On the other hand, semantic contracts are flexible. They enable parties to use performance standards, generally-defined contract terms, to create an enforceable agreement without requiring complete knowledge of what might happen in the future. Standards also allow parties to responsively incorporate commercial customs into their agreement, circumventing the need for explicit but redundant negotiation. And once their agreement is formed and executed, the parties are nonetheless free to dynamically shape their relationship through informal modifications or by selectively enforcing breaches. These two forms of flexibility--linguistic ambiguity, and enforcement discretion--create important efficiencies in the contracting process. By eliminating this flexibility, smart contracting will impose costs that are more severe and intractable than the ones it seeks to solve. [ABSTRACT FROM AUTHOR]

This paper aims to study and analyze the notion of khiyar al-majlis from the viewpoints of prominent Schools of Islamic law. Khiyar al-majlis refers to an option for both contracting parties either to revoke or to continue with the contract before departing from the contracting session. This option is made lawful in Islamic law to ensure the absolute consent of the parties to the agreement and to give them adequate time to think carefully about the conclusion of the contract. However, the Hanafi and Maliki Schools do not advocate khiyar al-majlis, they advocate khiyar al-qabul (option of acceptance) instead. This study prefers the validity of khiyar al-majlis and discusses its applications. This is a qualitative study and classical references of the prominent Schools of Islamic law have been employed as the primary sources of the study. The study posits that in the case of a face to face contract khiyar al-majlis might be practical. But, in the case of online or distant contracts it is not practical because it would be difficult to determine whether the parties are continuing the session or not. Thus, in online contracts khiyar al-qabul is more practical and hence after making an offer and acceptance the contract is concluded, though the contracting session is prolonged. [ABSTRACT FROM AUTHOR]

Diverse activities such as electronic exchange of goods and services, instant digital content delivery, electronic funds transfer, electronic stock exchange, electronic bill of lading, commercial projects, common engineering and design, sourcing, government purchase, direct marketing and post-sales services included in e-commerce field. Due to the increasing spread of the electronic world in all aspects, electronic contracts, in turn, was of great importance and made significant contributions in business contracts. The present study aims to investigate the concept, fundamentals and history of electronic contracts referring to UNCITRAL Model Law on Electronic Commerce and Electronic Commerce Act (1996). The results indicate that in terms of the conclusion and obligations of the parties, contract in cyberspace in general is similar to the contract in the real world and in this respect, there is no major difference between these two contexts. Potential electronic contracts considered as written ones and Electronic signatures recognized as valid as the basis of the validity of the will in electronic trading. [ABSTRACT FROM AUTHOR]

I hypothesize that different experiences with online contracting have led some consumers to see contracts--both online and offline--in distinctive ways. Experimenting on a large, nationally representative sample, this paper provides evidence of age-based and experience-based differences in views of consumer contract formation and breach. I show that younger subjects who have entered into more online contracts are likelier than older ones to think that contracts can be formed online, that digital contracts are legitimate while oral contracts are not, and that contract law is unforgiving of breach. I argue that such individual differences in views of contract formation and enforceability might lead firms to discriminate among consumers. There is some evidence that businesses are already using variance in views of contract to induce consumers to purchase goods they would not otherwise have. I conclude by suggesting how the law might respond to such behavior. [ABSTRACT FROM AUTHOR]

The article examines standards for assent to online contracts in the U.S. Topics discussed include laws addressing contract formation in the online environment; decision of a U.S. court of appeal in the case "Berkson v. Gogo LLC" concerning the issue; and changes in laws governing electronic commerce in the U.S.

The article focuses on the relevant history of electronic contracts of adhesion and the judicial approaches and opinions on the contract requirements define the current judicial conflict. It mentions that the requirements of notice and assent, which affects both the structure and content of sign-in-wrap contracts and rules for requirements of the contracts regardless of consumers' backgrounds. It also mentions that a court case Salameno v. Gogo Inc. on the validity of contract law.

Traditionally businesses operating in New Zealand were free to impose one sided contracts. To be sure, while the Fair Trading Act 1986 (NZ) (FTA) and the Consumer Guarantees Act 1993 (NZ) (CGA) placed some limits upon businesses' freedom of contract, such restrictions did not prevent what many considered unfair terms. In March 2015 New Zealand introduced its unfair contracts terms law (UCL), which was modelled on Australian law, to protect consumers against the use of unfair contract terms in standard form consumer contracts. To assess the impact of the regulatory change a study collected and analysed contracts of business operating online in New Zealand both before and after the UCL came into effect. The study's findings show that while the UCL has had some effect the changes are not sufficient to protect consumers and amendments are required to ensure that more unfair contract terms are removed from standard form consumer contracts. [ABSTRACT FROM AUTHOR]