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Electronic Commerce Law and Practice - LAWS3044
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

Electronic commerce is now an accepted way of conducting business. In a relatively short period of time commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice is now recognisable. This course offers the student a comprehensive overview of the legal and regulatory structure of electronic commerce, including: current legislative and self regulatory responses to electronic commerce, commentary on recent case law; plus an analysis of proposed law reform.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law; Media, Communications and Information Technology Law.

Recommended Prior Knowledge

None

Course Objectives

  • To examine the role of technology in facilitating electronic transactions and shaping appropriate laws
  • To consider the value of self-regulatory and co-regulatory models in regulating electronic commerce
  • To examine the emergence of international standards in ecommerce law
  • To consider problems of jurisdiction and regulatory "arbitrage" in electronic commerce law

Main Topics

  • Electronic Commerce regulatory structure and sources of law
  • Electronic Commerce Jurisdiction 1 - The Hague Convention and other International agreements
  • Electronic Commerce Jurisdiction 2 - Case law
  • Online contract formation 1 - the Electronic Transactions Act
  • Online contract formation 2 - common law and international instruments
  • Electronic authentication of individuals, organisations and objects (and their attributes)
  • International case study - Ecommerce legal infrastructure in ASEAN
  • Online dispute resolution
  • Online business conduct - Codes of conduct and regulations
  • Cyber-crime
  • Online payment systems and transactions
  • Security and the determination of liability for unauthorised access and transactions

Assessment

Class participation 10%
Briefing note  2,500 words 20%
Research essay 5,000 words 70%
 

Course Texts

Prescribed
None

Recommended
None

Resources

Course materials are located on a secure web site. The URL and password will be provided in class.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.