Friday, September 27, 2019

Implementation of Online Contract Regulations in Turkey Dissertation

Implementation of Online Contract Regulations in Turkey - Dissertation Example 28 2.2 Why does EU require such Distance Selling Directive and EC Regulations? 30 2.3 Are these Regulations up to date? 30 2.4 Are there any international conventions or Cases regarding Online Contracts and Terms & Conditions? 2.5 Are the articles of regulations protective enough for consumers and Tradesmen? 30 3 Conclusion 32 4 Bibliography 33 List of Case Laws Appliance Zone LLC v. Nextag, Inc Baillie Estates Ltd v DuPont (UK) Ltd C R Smith Ltd v Toolcom Supplies Ltd and F Hines v. Overstock.com, Inc Dailymotion v Nord Quest Production Dailymotion v Ronald Magdane, eBay v L’Oreal Fisher v Bell Frank Peterson v YouTube, Google France v Louis Vuitton Malletier SA Hadley v Baxendale Hines v. Overstock.com, Inc Mackenzie Patten & Co v. British Olivetti Ltd, PDC Laboratories, Inc v. Hach Co Pharmaceutical Society v Boots Photo Production Ltd v. Securicor Transport Ltd Salvage Association Salvage Association v. Cap Financial Services Ltd Saphena Computing Ltd v. Allied Collection Agencies Ltd Scherillo v. Dun & Bradstreet St. Albans City St.Albans City v. International Computers Ltd Telecom Italia v Dargaud Lombard Thorton v. Shoe Lane Parking Ltd Youtube v Telecinco List of Statutes International Laws The United Nations Conventions on Contracts for International [Sale of Goods (CISG) UN Convention on the Use of Electronic Communication in International Contracts, 2005 UNICITRAL (United Nations Commision on International Trade Law ) UNIDROIT Principles of International Commercial Contract Vienna Convention on Contracts for the International Sale of Goods (UNCITRAL, 1980) UK Laws Consumer Protection (Distance Selling) Regulation 2000 Consumer Protection Act 1987 Contracts (Applicable Law) Act 1990 Sale of Goods Act, 1979 The Data Protection Act 1998 Regulations Unfair Contract Terms Act 1977 Unfair Terms in Consumer Contracts Regulations 1999 Unfair Trading Regulations 2008 EU Directives and Laws Consumer Rights Directive (EU Directive 2011/83/EU) EU Council Directive on Unfair terms in contracts EU directive 2000/31/EC EU Directive of Electronic Commerce 2000 2000 EU Services Directive, 2010 EU’s Unfair Commercial Practices Directive The Consumer Protection ( Distance Selling) The Electronic Commerce (EC Directive) Regulations 2002 The European Directive on Distance Selling (Directive 97/7/EC) 1. Rules relating to incorporation of Terms & Conditions for Online Contracts in the UK 1.1. â€Å"What is Online Contract?† In this era of e-commerce and the internet, online contract has become very common. Now, people from any part of the world can buy a product or service from the supplier from another part of the world like Amazon.com or e-bay. Online contracts are those that are being entered through a technological medium or through the internet. The terms and conditions of online contracts are almost analogues to that of offline contracts. Online contracts are also referred as e-contracts or electronic contracts. Online cont racts must cater the same fundamental needs of a valid contract like offer, acceptance, valid agreement, price or consideration, capacity to contract and legality. The same obligations have to be

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