Is this article the same as Eliza's excellent chapter on the same
subject in Furmston and Tolhurst, Contract Formation (OUP, 2010), or a
further development thereof?

Hecto

--
Hector L MacQueen
Professor of Private Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
UK

SSRN http://ssrn.com/author=463210

Currently working at the Scottish Law Commission tel: (UK-0)131-662-5222


Quoting Jason Neyers <jneyers@uwo.ca> on Tue, 18 Oct 2011 13:20:02 -0400:

> Dear Colleagues:
>
> Those of you interested in contract law will be interested in a
> recent and thoughtful article by Eliza Mik ('The Unimportance of
> being "electronic" or -- popular misconceptions about "Internet
> contracting"' forthcoming in /International Journal of Law and
> Information Technology /(Oxford University Press 2011).The abstract
> is as follows:
>
> Existing e-commerce literature abounds with misconceptions
> regard­ing both technology and contract law. Long-standing legal
> concepts are adorned with "e-" or "cyber-" to appear more exciting.
> The traditional contractual regime is /supplanted /with new
> principles instead of being /supplemented /with technological
> considerations. It is one thing, to include technology in legal
> analyses, it is another to create separate, technology-specific
> categories. Separate categories justify the departure from
> trad­itional principles. Most, if not all, alleged "challenges"
> created by new communication scenarios fit within the existing legal
> framework, techno­logical complexity and novelty of the Internet
> notwithstanding. Most "challenges" are also unrelated to the fact
> that transactions are concluded on the Internet or with electronic
> means. The new transacting environment frequently exacerbates
> pre-existing difficulties, but does not necessarily /create /them.
> It is probably too late to abandon popular terminology. It is not
> too late, however, to recognize its limited implications.
>
> Happy Reading,
>
> --
> Jason Neyers
> Associate Professor of Law
> Faculty of Law
> University of Western Ontario
> N6A 3K7
> (519) 661-2111 x. 88435
>
>



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