To agree or not to agree: Legal issues in online contracting

Pacini, Carl J.; Andrews, Christine; Hillison, William A.

doi:10.1016/s0007-6813(02)80009-x

Cited by 11 publications

(8 citation statements)

References 2 publications

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“…Enterprises engaged in online trading will incur additional risks to the risks of doing business offline (Pacini et al 2002). Ecommerce risks in construction can be classified according to how it may affect the current traditional risks in the industry.…”

Section: Taxonomy Of Construction E-commerce Risksmentioning

confidence: 99%

“…The development of the Uniform Electronic Transaction Act, and its adoption by California (September 16, 1999) Exclusive non ecommerce risks (e.g. "Battle of the forms", and "Mail box rule") Figure 1: E-commerce Risk Continuum include those relating to: agency, jurisdiction, contract formation, validity and errors, authentication, attribution, non-repudiation, and privacy (Pacini et al 2002).…”

Section: Construction E-commerce Legal Risksmentioning

confidence: 99%

“…The key issue is whether the web page posting of the TV was an offer from the e-merchant that was accepted by the buyers and is thus legally binding, or the web page posting was an invitation to treat or a mere advertising that did not constitute an offer. If the later is true, then the buyers were the ones who submitted an offer for £3.99; where the seller retains his right to reject the offer and not enter into an agreement (Pacini et al 2002;Gallagher 2000).…”

Section: Contract Formation Validity and Errorsmentioning

confidence: 99%

“…The drive to authenticate e-commerce buyers and sellers and attribute contracting actions to the proper buyer or seller is in direct conflict with privacy laws (Smith and Clarke 2000). Attributing an electronic message for an offer or acceptance of an e-contract to the person who purports to send it is yet another risk (Pacini et al 2002). The Uniform Electronic Transaction Act (UETA) addresses this risk from a legal perspective by requiring certain authentication levels to ensure proper authentication and attribution, and protecting e-commerce participants from the actions of hackers (Pacini et al 2002;Thelen Reid & Priest LLP 1999a;Belgum 1999;Moreau 1999).…”

Section: Authentication Attribution and Non-repudiationmentioning

confidence: 99%

“…Attributing an electronic message for an offer or acceptance of an e-contract to the person who purports to send it is yet another risk (Pacini et al 2002). The Uniform Electronic Transaction Act (UETA) addresses this risk from a legal perspective by requiring certain authentication levels to ensure proper authentication and attribution, and protecting e-commerce participants from the actions of hackers (Pacini et al 2002;Thelen Reid & Priest LLP 1999a;Belgum 1999;Moreau 1999). It is outside the scope of this paper to discuss the types of noncryptographic and cryptographic signatures (Hernando 2003) suitable for e-commerce transactions.…”

Section: Authentication Attribution and Non-repudiationmentioning

confidence: 99%

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Legal Risk Analysis, Modeling and Programming for E-Commerce in Construction

Ismail

Kamat

2005

Construction Research Congress 2005

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This paper presents an aspect of the ongoing research at the University of Michigan aiming to analyze the status of e-commerce in the construction industry. It identifies impediments and challenges, and research solutions for the identified challenges. The focus is on risk management and legal challenges for e-commerce in construction. Very little, if any, research exists on this area in construction literature. The premise of the argument is that studying the legal aspects and challenges for e-commerce in construction are an essential element to having a strong e-commerce infrastructure. This paper introduces the concept of legal modeling and programming for e-commerce in the construction industry. To present the argument for legal programming, the paper starts by outlining the taxonomy of construction e-commerce risks and introducing the legal risks of doing business through e-commerce in construction. It then looks to the future and considers how to incorporate legal criteria in e-construction applications, design and programming.

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Section: Taxonomy Of Construction E-commerce Risksmentioning

confidence: 99%

Section: Construction E-commerce Legal Risksmentioning

confidence: 99%

Section: Contract Formation Validity and Errorsmentioning

confidence: 99%

Section: Authentication Attribution and Non-repudiationmentioning

confidence: 99%

Section: Authentication Attribution and Non-repudiationmentioning

confidence: 99%

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Legal Risk Analysis, Modeling and Programming for E-Commerce in Construction

Ismail

Kamat

2005

Construction Research Congress 2005

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e‐Business in Construction

Anumba¹,

Ruikar²

2008

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Online Dispute Resolution Services: Justice, Concepts, and Challenges

Turel¹,

Yuan²

2020

Handbook of Group Decision and Negotiation

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Online dispute resolution (ODR) services are e-justice service conduits that utilize, implicitly or explicitly, electronic negotiation systems. They are a key mechanism that may provide a viable solution to the flood of e-disputes, and even for face-to-face disputes that can be resolved without being colocated (e.g., see how courts resolve cases during the COVID-19 pandemic). Justice is important in negotiation processes. It is therefore suggested that ODR services are a viable means to serve justice on the web. In this chapter, we describe the state of e-justice and introduce the need for ODR services. We then present the concept of ODR, its different forms, and its association with negotiation support systems. To this end, we portray a classification of ODR services, give examples of different types of services, and specifically discuss one of the promising types, namely, principle-based dispute resolution services. The chapter concludes with

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To agree or not to agree: Legal issues in online contracting

Cited by 11 publications

References 2 publications

Legal Risk Analysis, Modeling and Programming for E-Commerce in Construction

Legal Risk Analysis, Modeling and Programming for E-Commerce in Construction

e‐Business in Construction

Online Dispute Resolution Services: Justice, Concepts, and Challenges

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