Title Page
ABSTRACT
Contents
LIST OF ABBREVIATION 9
INTRODUCTION 10
CHAPTER 1: GENERAL DEFINITION OF KEY TERMS 12
1. Definition of e-commerce 12
1.1. History of Electronic Commerce 12
1.2. The different interpretations of e-commerce 15
2. Definition of E- Contract 21
2.1. Definition 21
2.2. Types of electronic contracts 23
CHAPTER 2: CONTRACT FORMATION 36
1. Essential elements of a valid contract 36
1.1. Offer 36
1.2. Acceptance 38
2. The validity of Electronic Contracts 40
2.1. Mutual Assent online 40
2.2. Mutual assent in each type of e-contract 41
CHAPTER 3: EMAIL CONTRACT 46
1. General theory 46
2. The postal acceptance rule 48
3. Apply the rule of e-contract formation- Contract Formation through E-Mail 51
CHAPTER 4: EDI CONTRACT 63
1. General theory 63
2. Making offer and acceptance by computer or e-machine 67
2.1. The computer as a Legal Person 69
2.2. The computer as a Mere machine 77
CHAPTER 5: WORLD WIDE WEB CONTRACT 85
1. General theory 85
2. Shrink Wrap Agreements 86
3. Click-Wrap Agreements 88
4. Browse-Wrap Agreements 92
CHAPTER 6: ONLINE DISPUTE RESOLUTION AND RECOMMENDATION 95
1. The regulation solution of the international organization 95
1.1. Regulatory solutions to barriers raised by formal requirements in specific contractual agreements. 95
1.2. Regulatory clarification on when an electronic communication of acceptance is deemed to have been received 100
1.3. Regulatory clarifications on the manifestation of assent in non-negotiated electronic agreements 104
2. Online Dispute resolution 108
3. Recommendation 111
CONCLUSION 113
REFERENCE 116