E-contracting & e-contracts

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E-contracting & e-contracts

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  1. Foreign Trade university E-contracting & e-contracts Nguyen Van Thoan Head of Ecommerce Department
  2. E-contracts E-contracting Ecom - FTU - ThS. Nguyen Van Thoan
  3. Case 1 October 25th, A (Australia) sent an e-mail to B(Hanoi) asking B to design a website for A’s shop. B replied by e- mail that A’s requirement can be done well, and suggested that they should sign a contract November 2nd, A sent another email describing all the details of the requirements for the website. In the email, A stated that “B, please let me know if you can meet this requirements by this Friday. Reply by email is OK” On November 3rd, Friday, B replied by email “the job has been started”. A saw this email but had not opened it. After the weekends, A came to office but he had changed his mind, heE-commerce Processes & Strategies - 2004 did not want B to design the website for him. Slide 3
  4. Case 1 Questions Q1. Between A and B, is there a contract If so, where and when is the contract formed? Options 1: There has been a contract A sent the order, B accepted Time and place in location of B’s office (Hanoi) Options 2: There has not been any contracts A -----> Order -----> B A B At this time there is a contract Note: Two parties should stated where and when contract formed or which law is aplicable also how to settle if disputs arise. - Q2. Is there any differences if B’s mail server located in USA? - Q3. Is there any differences if B’s email only gets into A’s information system on Sunday morning? Slide 4 E-commerce Processes & Strategies - 2004
  5. http://www.swlearning.com/blaw/blt/blt6e/comprehensive/compr http://blt.westbuslaw.com
  6. Case 2 Seller (Vietnam) and Buyer (Japan) met at a Trade Fair in Hanoi and negotiated a contract on 4th June 2005 - Product: 5.000 ceramics vases (sample agreed) - Price: 2 USD/pc FOB HaiPhong port, Vietnam - Delivery: 45 days after signing of contract - Payment: TTR 50% in advance, 50% after delivery - Port of delivery: Yokohama, Japan
  7. Case 2 June 11th, Buyer (Japan) required Seller to draft a contract with agreed articles Seller sent an email with the agrees articles as contract, ending with: Best regards Nguyen Van NB DIRECTOR Buyers replied by email with “ Agreed “ and ending with Best regards Yoko Hasagawa DIRECTOR
  8. Case One month later, July 11, Buyer (JP) sent an email requiring Seller to reduce the price by 10% due to bad market situations On the same day, Seller replied saying that NOT agree and that both sides should follow the signed contract On July 25, Buyer sent an email saying that if Seller do not reduce the price, they will not take the shipment
  9. Case 2 Questions  Isthere a contract binding responsibilities of two parties  When and where the contract is formed?  To avoid this issues, what should Seller do?
  10. Sources for online e-commerce laws 1. UNCITRAL Model Law on Electronic Commerce (1996) 2. U.S. Uniform Electronic Transaction Act (UETA) (1999) 3. EU Directive on Digital Signature (1999) 4. EU Directive on E-Commerce (2000) 5. UNCITRAL Model Law on Electronic Signatures (2001) 6. U.S. Electronic Signature Act (2001)              G. Olivieri : Law of E­Commerce  Ecom - FTU - ThS. Nguyen Van Thoan                     Hong Kong Summer Course 2002
  11. Digital signature „ Public keys Public key 2 (receiver) Private key 2 (receiver) Order to Encryted INTERNE Encrypte Order to buy 100 messag T d buy 100 PCs e message PCs Sender message Receiver Private key 1 (sender) Public key 1 (sender) Signed Signed Encrypte Encrypte Encrypte INTERNE Encrypte d d T d d message message message message Digitally signed Digitally signed Sender Receiver Th.S. Nguyen Van Thoan – Dai hoc Ngoai thuong 11
  12. The Secret-Key Encryption Model Source: W. Stallings, “Cryptography and Network Security”
  13. The Public-Key Encryption Model Source: W. Stallings, “Cryptography and Network Security”
  14. The Public-Key Authentication Model Source: W. Stallings, “Cryptography and Network Security”
  15. Digital certificate „ functions ƒ Indentify the owner of public key/private key ƒ Issued by a CA Name : “Richard” key-Exchange Key : Signature Key : Serial # : 29483756 Other Data : 10236283025273 Expires : 6/18/96 Signed : CA’s Signature Th.S. Nguyen Van Thoan – Dai hoc Ngoai thuong 15
  16. E-Contract UN/CEFACT, 3/2000, article 3, item 2.1. “ An e-mail is regarded as an offer if which contains proposal to sign contracts and is sent to 1 or more specific peole at the same time stated clearly the intention to accept the stated obligations when the receiver(s) accept the conditions in the email. An e-mail which is sent to many people is not regarded as fixed offer” “mét bøc th- ®-îc coi lµ mét lêi chµo hµng nÕu nã bao hµm lêi ®Ò nghÞ ký kÕt hîp ®ång vµ ®-îc göi ®Õn 1 hoÆc 1 sè ng-êi cô thÓ ®ång thêi kh¼ng ®Þnh mét c¸ch ®Çy ®ó ý ®Þnh s½n sµng chÊp nhËn tr¸ch nhiÖm khi chµo hµng ®ã ®-îc chÊp nhËn. Mét th- ®iÖn tö göi ®Õn nhiÒu ng-êi kh«ng ®-îc coi lµ chµo hµng trõ khi cã quy ®Þnh cô thÓ kh¸c.
  17. Thank you q&A


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