Module Identifier LAM2820  
Module Title THE LAW RELATING TO E-COMMERCE  
Academic Year 2006/2007  
Co-ordinator Dr David A Poyton  
Semester Intended for use in future years  
Next year offered N/A  
Next semester offered N/A  
Other staff Dr Uta Kohl  
Course delivery Seminars / Tutorials   20 Hours. Seminar. 10 x 2 hour seminars  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Assessment Essay: 3,000 words  40%
Semester Assessment oral presentation Course Work:  20%
Semester Assessment Essay: 3,000 words  40%

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.

Content

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.

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

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

Notes

This module is at CQFW Level 7