Justin Hogan-Doran, 2003
This article examines when and where on-line contracts are made in an attempt to define the place of contracting as one of the bases of jurisdiction in a number of Common Law systems, including New Zealand. Within this context the author considers the continued application of the postal acceptance rule to on-line contracts with reference to allocation of risk. The author argues for a conflict of laws meaning to be given to where a contract is made. In regard to jurisdictional bases, forum conveniens should be adopted as a basis of jurisdiction, instead of merely controlling the exercise of jurisdiction.