Business Transactions .

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Commercial Transactions . Module 9 Electronic Commerce & Banking Winter Session 2008. In this module, we will firstly look at e-commerce in a general way ; reflecting on how the type of transactions we have already looked at are affected by this medium. Contract formation Sale of goods
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Business Transactions Module 9 Electronic Commerce & Banking Winter Session 2008

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In this module, we will firstly take a gander at e-trade for the most part ; considering how the sort of exchanges we have as of now took a gander at are influenced by this medium. Contract development Sale of merchandise Provision of administrations Then we will take a gander at a few parts of a particular administration electronic saving money and installment techniques and a road of ADR. The same number of business courses of action and exchanges now happen utilizing electronic trade, understudies are relied upon to manage issues emerging in either a physical or virtual business environment.

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Electronic Commerce We can see Electronic Commerce at work from multiple points of view - a correspondences viewpoint - a business procedure point of view - an administration viewpoint - an online point of view - an exchange viewpoint - a lawful viewpoint - a business-to-business and business-to-buyer point of view.

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Communications Perspective From an interchanges point of view, electronic trade is the conveyance of data, items/administrations, or installments by means of phone lines, PC systems or some other means. At the point when taking a gander at the courses of action set up, we ordinarily hope to contract law. It can likewise be an administration and s. 74 TPA can be significant.

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Business Process Perspective From a business procedure viewpoint, electronic trade is the utilization of innovation towards the mechanization of business exchanges and work processes. With a specific end goal to dissect the procedure, we have to comprehend what is being accomplished, the means and the connections. On the off chance that another method for accomplishing something, it might be IP, secured by Copyright or be qualified for a Patent. E.g. requesting framework.

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Service Perspective From an administration point of view, electronic business is an apparatus that addresses the yearning of firms, shoppers and administration to cut administration costs while enhancing the nature of products and expanding the speed of administration conveyance.

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Online Perspective From an online point of view, electronic trade gives the ability of purchasing and offering items and data on the web and other online administrations. This can spare organizations from having the expenses and burden connected with physical premises and allow them to have a much more extensive reach. By utilization of strategic administrations… .transport and capacity… that need not be theirs… .they can have extensive operations and cover wide ranges more effectively than in the past. They can likewise now and again do things which were impractical/extremely troublesome before-e.g. online sales.

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Legal Perspective From a lawful viewpoint, we can consider the requirement for a mark and whether an electronic mark suffices. Likewise Evidentiary Matters - Elements of agreement arrangement. - Attribution of electronic lead. - Intellectual property issues. - Consumer insurance in connection to business-to-shopper exchanges or business-to-business (independent company) exchanges.

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E-Commerce - Contract Formation Ways of shaping contracts Exchange of composed correspondence by post, fax Oral face to face or by phone Written formal understanding or Exchange of messages Acceptance of an offer by lead Types of Contracts Sale/supply of physical merchandise Licenses (e.g. software,music,film) Supply of administrations… saving money, offers, counsel. Blend contracts

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Ecommerce-Subject to an indistinguishable laws from physical exchanges The Electronic Transactions Act 1999 initiated March 15, 2000 and depends on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. States are required to order correlative law. NSW, Victoria and ACT have, however the others not yet. The enactment depends on standards of useful comparability … paper based and electronic exchanges ought to be dealt with similarly by the law and innovation nonpartisanship … the law won\'t segregate between various types of innovation. Note:The nearby form is not precisely the same as the model law.

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E-business Communication and Receipt UNCITRAL Model law article 15 Unless generally concurred between the originator and the recipient, the season of receipt of an information message is resolved as takes after: (a)If the recipient has assigned a data framework with the end goal of accepting information messages receipt happens: (i) At the time when the information message enters the assigned data framework; or (ii)If the information message is sent to a data arrangement of the recipient that is not the assigned data framework, when the information message is recovered by the recipient; (b)If the recipient has not assigned a data framework, receipt happens when the information message enters a data arrangement of the recipient.

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Electronic Transactions Act 1999 (Cth) Signatures S.10 of the ETA gives that if the mark of a man is required, that necessity is taken to be met in connection to an electronic correspondence if: a technique is utilized to recognize a man and to demonstrate the people endorsement of the data imparted the strategy was as dependable as was proper for the reasons for which the data was conveyed if the beneficiary is a province substance any pertinent IT prerequisites have been agreed to; and if the beneficiary is not a ward element, the individual agrees to the technique for mark utilized.

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Electronic Transactions Act 1999 (Cth) Documents in Electronic Form S.11 of the ETA gives that a prerequisite to create an archive is taken to have been met if the record is delivered in electronic frame, gave that; the technique for producing the electronic type of the report gives a dependable method for keeping up the honesty of the data contained in the report at the time the correspondence was sent it was sensible to expect that the data in the electronic type of the record would be promptly available in order to be useable for resulting reference if the beneficiary is a region substance, any material IT necessities have been conformed to; and if the beneficiary is not a region element, the beneficiary agrees to the strategy for mark utilized. Take note of that the ETA won\'t have any significant bearing to customs required by the gatherings rather than conventions required by enactment.

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COMMUNICATION METHODS Insurance Contracts Act The Insurance Contracts Act determines that a few correspondences must be in composing . Most arrangements force commitments on the safety net provider to educate the guaranteed regarding something in composing (ss.22,35,37,39,40,44,49,58,62,68 and 74).s,69 licenses oral data, gave later given in composing. The ETA 1999 gives that as a rule where a republic law requires a notice in composing, it might be given by electronic means gave that the beneficiary assents. Be that as it may, the ET directions reject the ICA from the extent of these arrangements! Due to the earnestness of some of these notification e.g. cancelation, in a Treasury survey of the ICA in 2004, a proposal was made that E interchanges be conceivable with assent and gave a record could be printed.

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E-trade correspondence of receipt US Uniform Computer Information Transactions Act 1999 §215 accommodates electronic messages to be powerful at the season of receipt, paying little mind to whether any individual knows about receipt. Receipt is characterized as: For the situation of an electronic notice… appearing in a data preparing framework or at an address in that framework in a shape fit for being handled by or saw from an arrangement of that sort by a beneficiary, if the beneficiary uses, or generally has assigned or waits, that place or framework for receipt of notification of the kind t be given and the sender does not realize that the notice can\'t be gotten to from that place.

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E-business correspondence of receipt The Electronic Transactions Act 1999 inclines toward: s.14 Time of receipt (3) For the motivations behind a law of the Commonwealth, if the recipient of an electronic correspondence has assigned a data framework with the end goal of accepting electronic interchanges, then, unless generally concurred between the originator and the recipient of the electronic correspondence, the season of receipt of the electronic correspondence is the time when the electronic correspondence enters that data framework. (4) For the reasons for a law of the Commonwealth, if the recipient of an electronic correspondence has not assigned a data framework for the reason o accepting electronic interchanges, then, unless generally concurred between the originator and the recipient of the electronic correspondence, the season of receipt of the electronic correspondence is the time when the electronic correspondence goes to the consideration of the recipient.

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E-business Is there a substantial Contract? Legitimate offer? Wording and show?. Limits? Systems?Interactive or dynamic site? Robotized intelligent destinations? Candy machines… offer made when proprietor holds it out as being prepared to get cash. Contract framed when purchaser places cash into the space and chooses thing. Acknowledgment? Successful at the time imparted to offeror. At the point when is it imparted? Email?Instantaneous? Press Send, goes to ISP, goes by means of various servers and got when beneficiary logs on and downloads. May circumvent the world to get to the following building. Is it like the postal framework? Challenges with conviction in time of communication.EDI is momentary. Fax? Consider the possibility that noone there to get it. Goal to make legitimate relations? Limit? Thought? Terms are sure?

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Discussion point Can a phone organization change the terms and states of its agreement by posting a notice on its Website?

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Shrinkwrap, Clickwrap and Browsewrap licenses Usually experienced when buying (shrinkwrap) or downloading and utilizing softw

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