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eBay and business law.

Extracts from this document...

Introduction

COURSEWORK BUSINESS LAW SPRING SEMESTER 2007/2008 eBay Introduction The most common and traditional way to purchase goods for us is go to the high street stores where we pick up the goods what we like, pay for the prices at the check-out desk. However, the way has changed; 21 century is the world with E-commerce. People can no longer go to stores instead of buying all products at home over the internet. We can't ignore the benefits of e-commerce. For consumers, e-commerce is great as everyone likes the ease and convenience of shopping online. For businesses, e-commerce is also great managing suppliers and conducting business transactions over the Web saves time and money. Without doubt, e-commerce provides huge convenience for not only consumers, but also the business. Notwithstanding online goods selling makes for consumers a speed, simplicity and variety of goods on offer, for the sellers a ready-made, instant audience that secures them the best price,1 it involves huge risks. Many buyers complained of sellers' performance for late shipments, no shipments, or shipments of the goods which are not the same quality or description as advertised, insecurity of payment by credit or direct card, etc2. As a result, in order to protect consumer's extra rights relating to buying goods online and regulate online business, some directives or regulations came into force in the UK. EBay as a world's marketplace enables trade on a local, national and international basis. Every day, a lot of buyers bidding and buying goods via eBay online platform, as well as millions of items traded through eBay. It developed an internet-based community where buyers and sellers are brought together to buy and sell. But eBay is not a real internet auction website, it performances as an online venue through which customers can do trade just as in offline trade transactions. As with so many other stories of wildly innovative and successful enterprises, the tale of eBay begins with a very simple idea. ...read more.

Middle

that may harm eBay, or the interests or property of eBay users; * copy, modify, or distribute eBay's copyrighted works or trade marks, or other content from the Site, without our express consent; or * harvest or otherwise collect information about users, including email addresses, without their express consent. If you are registering with eBay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on eBay, you must comply with all applicable laws relating to online trading (please see our Legal Guidance for Business Sellers page for further information)." - Under common law, an offer is a statement by one party of a willingness to enter into a contract with the other party on stated terms, and in turn, if the other party accepts it, the agreement will be legally binding. English contract law does not require an offer is made in a particular form. Thus, offers can be made by distant communications such as fax, e-mail and World Wide Web. However, it is necessary to observe the distinction between an offer and an invitation to treat. Invitations to treat are advertisements where merchants promote the sale of products. English law holds that shop displays goods and price listed are invitations to treat8. After the offer has been made, the offerer can choose to accept the offer to buy or refuse. If the acceptance of an offer is made, a contract is then entered into Acceptance is the unconditional agreement to the presented offer. The general rule is that an acceptance must be communicated to the offeror9, but there is no any rule as to which methods of acceptance. Thus, acceptances can generally be made via any communication methods unless the term of the offer has been explicitly specified. In the context of creating contracts online, electronic mail has become a more faster and reliable communication method used as for the negotiation as to terms or other questions relating to the contract between parties. ...read more.

Conclusion

but the cardholder may be made liable to the extent of 50 pounds where the card is out of the possession of an authorized person in the case of card lost or stolen. However, Regulation 21(5) of the directive does not apply part of Section 84 of the Act, that is to say the cardholder will even no liable for 50 pounds; it is changed for distance contracts. Conclusion As far as English law concerned, the general rule of contract together with any relevant consumer protection legislations will apply to contracts entered into via the internet. Therefore, four elements (offer, acceptance, consideration and intention to create relation) of requirements of making a legal binding contract are also necessary for forming online contracts. As a result, the legal relationship between eBay seller and buyer is created on the eBay where the sales contract is concluded that goods supplier accept the highest bidding buyer. However, regarding the creation of legal relationship between eBay and eBay users, the contract is given effective when users agree the terms and conditions contained on web-page through users' clicking the icon button, which is a new way for consumers or users to consent to the click-wrap agreement or contract. Furthermore, it is getting popular that many of us nowadays buy goods on the internet, which gives us a chance to enjoy time saving and variety of goods rather than shopping in shops. However, the law recognizes that this sort of distant shopping comes with its own problems. Therefore, in addition to give consumer's legal rights as on the internet as in shops, some law legislations and regulations are come into force in the UK giving consumers' extra legal rights to be fully protected. So far, there are two keys of Regulations (Directives) are implemented to protect consumers: the Consumer Protection (Distance Selling) Regulations 2000 and Electronic Commerce (EC Directive)Regulations 2002. As a result, consumers' legal rights from purchasing goods on the internet are extended and much more than shopping in stores. ...read more.

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