Online Contract Formation

by N. Stephan Kinsella (Editor), Andrew Simpson (Editor)

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.

676 pages, Hardcover

First published January 1, 2004

About the author

Also publishes as Stephan Kinsella.
Norman Stephan Kinsella is an American intellectual property attorney and libertarian legal theorist.

He is the founder and Editor of Libertarian Papers, Director of the Center for the Study of Innovative Freedom (C4SIF), and General Counsel for Applied Optoelectronics, Inc. He is a former partner with Duane Morris LLP and was adjunct law professor at South Texas College of Law, and is currently a senior fellow at the Ludwig von Mises Institute.

Kinsella has published numerous articles and books on IP law, international law, and the application of libertarian principles to legal topics. He received an LL.M. in international business law from King’s College London, a JD from the Paul M. Hebert Law Center at LSU, and B.S. and M.S. in electrical engineering degrees also from LSU.