121 Electronic projects

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26 Electronic Commerce and International Private Law computer network to be able to view web sites and enter into contracts for goods and services with foreign businesses online via those web sites. Secondly, the types of markets businesses pursue via electronic commerce can be used to distinguish the different definitions of electronic commerce. 23 In a ‘business-to-business’ or ‘B2B’ model, businesses use electronic commerce to contract directly with other businesses, often without the requirement for an intermediary or agent.

In particular, businesses must be able to foresee which jurisdiction could hear the dispute and 30 Fawcett, ibid. 178. 32 T. 606. Words in brackets added for syntax. 50–51. 40. 35 Fawcett, ibid. 36 A. Halfmeier ‘Waving Goodbye to Conflicts of Laws? F. W. 386. 14 Electronic Commerce and International Private Law crucially what law would govern contracts with consumers and any disputes that occur. Businesses want and need to know the legal and commercial effect of rules that confer jurisdiction in the consumer’s domicile and the effect of applicable law rules on the contract.

76 If international private law rules are to facilitate consumer’s access to justice, the ‘individual consumer – individual business’ paradigm must be taken into account. As Howells and Weatherhill state: legal reforms which continue to view consumer problems as individual problems are going to lead to a continuation of many of the present difficulties. […] Unless the full range of consumer concerns are taken on board, consumer law will continue to be viewed as ‘middle class’ law, for it will only be worth litigating disputes involving highcost goods and services … 77 The authors suggest class actions or consumer organisations being able to pursue legal remedies against sellers.

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