Electronic Commerce Regulations 2002

The Electronic Commerce (EC Directive) Regulations 2002, SI 2000/2013, incorporates Directive 2000/31/EC into the law of the United Kingdom.^[1] They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.

Definition of a Consumer

A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or prefession.^[2] The definition is slightly broader than that for the purposes of the Unfair Contract Terms Act 1977 as the subjective requirement of the person not regarding herself as acting in the course of a business, therefore one may be a consumer if using a company account or using business details for tax purposes.

Obligations Imposed Upon the Seller

Before the contract is formed, the seller must state in a "clear, comprehensable and unambiguous manner" the technical step involved to place an order (contractual offer).^[3] Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage.^[4] This does not apply to email, although the Consumer Protection (Distance Selling) Regulations 2000 may apply.

These rights can be expressly exempted,^[5] although ironically these regulations would apply to the exemption clause, as would the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

Information that must be provided to the consumer.

Acknowledgement of the order by electronic means without undue delay,^[6] and information of how to amend any input errors made.^[7]

More information must be given under the Consumer Protection (Distance Selling) Regulations 2000.

Rights of the Consumer

Liability of breach of these conditions gives rise to an action for Breach of Statutory Duty.^[8]

A court order may be given for access to terms and conditions of which the consumer has already consented.

Where the consumer has not been infomed in the correct manner of the procedure to amend errors in orders and she has made errors, the contract can be rescinded.^[9]

Contractual Construction

reg 12 provides that a contractual offer occurs when the order is sent. Richards^[10] construes reg 11(2) as providing that the acknowledgement screen will constitute a contractual acceptance.

Instantaneous Communication here is in line with that discussed by Lord Denning in Entores v Miles Far East Corporation^[11] and so communication is effect when received or when it can reasonably be deemed to have been received.

External links

OPSI: SI 2002/2013

References

^ Enacted pursuant to European Communities Act 1972
^ reg 2(1).
^ reg 9(1)(a).
^ reg 9(3).
^ reg 9(1).
^ reg 11(1)(a).
^ reg 11(1)(b).
^ reg 13.
^ reg 15.
^ Richards, P, The Law of Contract, ed7 (2006, London: Pearsons) at 42
^ [1955] 2 QB 327.

Michael Andrews 1956-1999 founded the Electronic Commerce Regulation 1977

[euro-1] Enacted pursuant to European Communities Act 1972

[reg21-2] reg 2(1).

[reg91-3] reg 9(1)(a).

[reg93-4] reg 9(3).

[reg91-2-5] reg 9(1).

[reg111a-6] reg 11(1)(a).

[reg111b-7] reg 11(1)(b).

[reg13-8] reg 13.

[reg15-9] reg 15.

[richards-10] Richards, P, The Law of Contract, ed7 (2006, London: Pearsons) at 42

[entore-11] [1955] 2 QB 327.

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Contract law

Formation
Capacity Offer and acceptance Meeting of the minds² Abstraction principle^4,5 Posting rule¹ Mirror image rule Invitation to treat Firm offer Consideration^1,4 Implication-in-fact Collateral contract
Defences
Misrepresentation Mistake Threats and unequal bargaining power Illegality and public policy Unconscionability Culpa in contrahendo² Force majeure Frustration of purpose Impossibility Impracticability Hardship Set-off Illusory promise¹ Statute of frauds¹ Non est factum¹ Unclean hands¹ Accord and satisfaction¹ Exculpatory clause
Interpretation
Parol evidence³ Contract of adhesion Integration clause Contra proferentem UNIDROIT Principles
Dispute resolution
Choice of law clause Forum selection clause Hague Choice of Court Convention Arbitration New York Convention UNCITRAL Model Law Mediation Singapore Mediation Convention Enforcement of foreign judgments Hague Judgments Convention
Rights of third parties
Privity of contract¹ Assignment Delegation Novation Third-party beneficiary
Breach of contract
Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach
Remedies
Specific performance³ Money damages Liquidated, stipulated, or penal damages³ Rescission
Quasi-contractual obligations
Promissory estoppel¹ Quantum meruit¹ Unjust enrichment Restitution Negotiorum gestio²
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)⁶ Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)⁷ Contract A and Contract B in Canadian contract law⁶
Related areas of law
Conflict of laws Commercial law
By jurisdiction
Australia Canada China (mainland) Ireland India Saudi Arabia United Kingdom England and Wales Scotland United States
Other law areas
Tort law Property law Wills, trusts, and estates Criminal law Evidence
Notes
1 Specific to common law jurisdictions 2 Specific to civil and mixed law jurisdictions 3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions 4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition 5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts 6 Specific to Canadian contract law both in Québec and in the country's common law provinces 7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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