Electronic Commerce: Formal Requirements in Commercial Transactions Advice from the Law Commission

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Law Commission ELECTRONIC COMMERCE: FORMAL REQUIREMENTS IN COMMERCIAL TRANSACTIONS ADVICE FROM THE LAW COMMISSION December 2001 The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this paper were agreed on 3 December 2001. The text of this paper is available on the Internet at: © Crown copyright 2001 ELECTRONIC …show more content…

THE SCOPE OF THIS ADVICE 1.8 This Advice focuses on the international sale and carriage of goods and the 1 associated banking and insurance transactions. In Part 2 we summarise the approach taken in the UNCITRAL Model Laws on Electronic Commerce and on Electronic Signatures. Part 3 deals in general terms with statutory form requirements, their application to electronic communications, the UK’s obligations under Article 9 of the Electronic Commerce Directive and the making of orders under section 8 of the ECA. Part 4 deals with the carriage of goods by sea and, in particular, the extent to which a bill of lading has, or may in future have, an electronic equivalent. Issues arising in relation to the sale of goods are dealt with in Part 5. Carriage of goods by road, rail and air are covered in Part 6. Part 7 deals with marine insurance, with factoring being dealt with in Part 8. Part 9 then considers the most common payment mechanisms used in the international sale of goods. Our conclusions are summarised in Part 10. This Advice contains a summary of our views, derived from our detailed consideration of the issues. We have set out our views in summary form to enable those views to be considered by Government before it concludes the work which it is currently undertaking in relation to Article 9 and section

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