Jay Forder

The scorecard on contract formation and enforceability issues in web transactions

In contemplation of the 20th anniversary of the use of the internet for e-commerce, this paper reflects on successes and failures in addressing some contract formation and enforceability issues arising in web transactions. It focuses on the Australian response to four basic questions: the enforceability of web transactions, the time and place of contract formation, the incorporation of contractual terms, and the jurisdiction problem. To encourage audience input, a scorecard will be available to willing attendees to note the level of response in their own jurisdiction. The aim of the paper is to identify areas where more work may be needed to address the needs of e-commerce.