Should the "mailbox" doctrine of contract acceptance be applied in technological contexts far beyond the nineteenth century context for which it was established? Among modern contracting parties, the e-mail inbox has largely replaced the postal mailbox and the near-instantaneous process of electronic communication can mimic the characteristics of a face-to-face discussion. Such technological advancements of the late-twentieth and twenty-first centuries pose a challenge to the doctrinal and normative rationales articulated by the Adams v. Lindsell court and other early "mailbox" rule advocates. Moreover, the advent of electronic communication has implications even for application of the "mailbox" precedent within the framework of postal and other traditional communication systems. Only a receipt-based contracting precedent, applied to technologies both new and old, can properly enhance inter-jurisdictional legal uniformity and incentivize efficient contracting behavior.

This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.

This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon's Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of as much as $11.1 trillion. To date, there are approximately fifteen billion interconnected devices, and by 2020, there will be fifty billion such devices worldwide. IOT devices will revolutionize the way that consumers shop for consumable supplies and other goods. Consumers will no longer need to log on to a company's website or use a mobile application to purchase goods but will be able to conclude contracts for the sale of goods by using IOT devices. This Article contends that the legion of IOT data expected to be generated about consumers and their preferences will worsen preexisting information asymmetry in consumer contracts to the benefit of companies; increase the lack of proximity between consumers and the contract formation process; further encourage consumers' failure to read and understand contract terms prior to contracting; and likely lead businesses to further take advantage of consumer ignorance and apathy by including one-sided contract terms, such as unilateral amendment provisions and terms that restrict consumer access to judicial process. Common law agency principles, e-commerce statutes, contract law, and Article 2 of the Uniform Commercial Code (“Article 2”) are unlikely to effectively address these concerns. This Article suggests important amendments to Article 2 and argues that courts should adjust their application of existing contract law and agency principles to account for the new automatic and interface-free contracting environment that the age of the IOT will herald.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

The Internet has lead to a revolution in how commerce is carried out. Whilst ecommerce is a new field of expertise, there are still general legal principles that apply to all transactions. This book looks at the changes for business brought about by ecommerce and the resulting legal framework. It examines legal issues that have to be addressed when making sales of goods over the Internet: contract law, contractual terms, capacity and authorisation, and trade practices. The Report explains the legal principles behind new ecommerce terms such as "shrinkwrap", "webwrap" and "cyberstuffing". It discusses terms such as "merchantable quality" and "s 52 of the TPA" in the context of ecommerce. The Report provides a current summary of case law developments in the ecommerce field as it applies to sales of goods and also looks at the implications of the legal principles to practical situations such as web site design, advertising, domain names, and linking and framing.