Presentation on theme: "E-Commerce Law Consideration in e-commerce. What is consideration? “A valuable consideration in the sense of the law may consist either in some right,"— Presentation transcript:
E-Commerce Law Consideration in e-commerce
What is consideration? “A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given suffered or undertaken by the other” Currie v Misa (1875) L.R. 10 Ex. At 162
What is consideration? “An act of forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable.” Dunlop Pneumatic Tyre Co. Ltd v Selfridge & Co. Ltd.  AC 847
Consideration in the future Adam and Eve Smithson
Consideration In the real world, consideration for a contract can take many forms - cash - cheque - card - kind - barter
Electronic Consideration When dealing with consideration in e- commerce, all ordinary forms of consideration are possible. However, some are better and more appropriate than others.
Consideration in e-commerce What sort of contracts should we look at? For the most part e-commerce contracts will be for purchase of goods with money.
Consideration in e-commerce
Consideration E-commerce by its very nature suggests that the consideration should also be electronic. Although this is the ideal, this is not the case.
Consideration In many cases money is still transferred by traditional methods, e.g. cheque. Are there any alternatives for electronic commerce?
Electronic Consideration There are two main ways to transfer money electronically. 1.Payment card. 2.Electronic Funds Transfer.
Payment Cards What is a payment card? "payment card" includes credit cards, charge cards, debit cards and store cards. Regulation 21(6) of the Consumer Protection (Distance Selling) Regulations 2000.
Payment Cards The transfer of consideration by payment card is thought by many to be the most common way of money transfer. Certainly when buying from the Internet, this method is generally favoured.
Payment Cards Is this the best method of payment? No. Many consumers are worried about using payment cards on the Internet due to concerns over their security. We will look more at this in a lecture on Consumer Protection.
Electronic Funds Transfer There are numerous definitions for electronic funds transfer (EFT)
What is EFT? any transfer, other than a transaction originated by check, draft or similar paper instrument which is initiated through an electronic terminal, telephone instrument, or a computer or magnetic tape so as to order, instruct or authorise a financial institution to debit or credit an account. United States’ Electronic Funds Transfer Act 1978
What is EFT a funds transfer in which one or more of the steps in the process that were previously done by paper based techniques are now done by electronic techniques. UNCITRAL - the United Nations Commission of International Trade Law
EFT There are numerous EFT systems in operation around the world. CHAPS SWIFT EFTPOS
EFT With improvements in technology and telecommunications EFT will improve and its use will undoubtedly increase. In many instances EFT is not viable.
Digital Cash One alternative to Payment Cards and EFT for e-commerce is the use of digital cash. Here money is purchased in advance and stored on a smart card. This is then transferred electronically between consumer and merchant.
Electronic Consideration What are the advantages and disadvantages of each method? Payment Card Electronic Funds Transfer Digital Cash