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"Jurisdiction in Cyberspace: The When and Where of On-line Contracts"

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.

Author
Justin Hogan-Doran
Published in
Australian Law Journal
Year
2003
Volume
77
Pages
377-396

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