Module Identifier LAM2820  
Module Title THE LAW RELATING TO E-COMMERCE  
Academic Year 2001/2002  
Co-ordinator Mr David Poyton  
Semester Semester 2  
Other staff Mr Andrew Campbell, Miss Elizabeth Macdonald, Ms Uta Kohl-Piotrowicz  
Course delivery Seminar   20 Hours 10 x 2 hour seminars  
Assessment Course work   oral presentation   20%  
  Essay   3,000 words   40%  
  Essay   3,000 words   40%  

Module outline


For an increasing number of enterprises, conducting commercial transactions via the Internet has become an integral part of business life. The ability to identify and analyse the related legal issues is a vital skill for the business lawyer. This module provides students with the opportunity to develop an in-depth knowledge and understanding of the internationally emerging legal environment relating to electronic commerce. This will include a study of the approach adopted by the European Union and the UK as well as within the international business community. Specific issues which will be covered include jurisdiction and choice of law, electronic contracting, electronic payment methods and digital cash, and consumer protection.

Module objectives / Learning outcomes


In the modern international business environment a sound knowledge of the legal problems associated with electronic commerce is essential. The principal aim of this module is to provide students with an understanding of the legal issues relating to electronic commerce, including how to deal with them and how to avoid them. Students will be encouraged to address the conceptual issues arising from the application of legal principles to the electronic business environment. Students will also be introduced to existing and proposed legal controls of commercial activity conducted via this medium. In addition to demonstrating a high level of understanding and knowledge of the relevant legal problems students will also be expected to analyse legal problems and suggest solutions.

Syllabus


1. Cross border issues
Jurisdiction
Governing Law


2. Contracting Electronically
Electronic Signatures
Making the Contract


3. Liability of Intermediaries

4. Consumer Issues
Security, confidentiality and Data Protection
Distance Selling
Exemption clauses


5. International Regulation of financial Services
Internet Banking
Digital cash
Fraud and anti-money laundering provisions

Reading Lists

Books
** Recommended Consultation
E Macdonald & D Rowland. (2000) Information Technology Law. Cavendish
Ian Lloyd. (2000) Legal Aspects of the Information society. Butterworths
Lillian Edwards & Charlotte Waelde. (2000) Law and the internet : a framework for electronic commerce. Hart
Graham J. H. Smith. (1996) Internet law and regulation FT Law & Tax.
Chissick and Kelman. (2000) The Law of E-Commerce. Sweet & Maxwell
Stephen D. York and Ken Chia. (1999) E-commerce : a guide to the law of electronic business. Butterworths
Julian Hickey, Robin Mathew and Christopher Rose. (2000) E-commerce : law, business and tax planning. Jordans
Reed. (2000) Internet Law: Cases and Materials. Butterworths
John Dickie. (1999) Internet and electronic commerce law in the European Union. Hart

Journals
International Journal of Law and Information Technology.
Electronic business law : the legal issues of electronic commerce and communications.
The Journal of Information Law and Technology. http://elj.warwick.ac.uk/jilt/.
The Web Journal of Law. http://spade3.ncl.ac.uk/index.html.
The Computers Law and Security Report..
The Society for Computers and Law. http://www.scl.org/welcome.htm.