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LPC Law Notes Commercial and IP Notes

Ecommerce Notes

Updated Ecommerce Notes

Commercial and IP Notes

Commercial and IP

Approximately 100 pages

A collection of the best LPC Commercial and IP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of CLIP notes available in the UK this year. This collection of notes is fully updated fo...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

e-commerce

Source - Electronic Commerce (EC Directive) Regulations 2002 (‘the Regulations’)

How to approach a q:

  • for distinction points: define the terms

  • First half of q will be ‘what Regs the S ought to have complied w/’ cf. Regs 6, 9 and 11

  • Second half of q will be ‘what are consequences of non-compliance’ cf. Regs 13, 14 and 15 and which go w/which

Key defined terms

  • information society service - r.2(1) “any service normally provided for remuneration, @ a distance, by means of electronic equipment for processing .. And storage of data, and @ the individual request of the recipient of a service”

  • Term includes: services that are commonly provided by ISPs such as provision of access to a communication network, email hosting and transmission and website hosting, selling and even just advertising goods/services online; and providing services via a mobile phone

  • Service provider and recipient - r.2(1) “any person providing an info society service” as that term refers to normally provided for remuneration, it is possibly for a person who provides services for free to qualify as service provider

  • Commercial communication - r.2(1) covers promotional activity in a wide range of communications media such as email, websites, banners and pop-ups.

Part 1 of q

  • What Regs should SP have complied w/?

Reg 6 - general

Info to be provided by a person providing an info society service:

Reg 6(1)(a-g):

  1. name of SP

  2. Address of SP

  3. Deets of SP, including email

  4. Details of SP register where apprope

See (e) to (f)

Does regulation apply to this electronic contract?

Regs 9 and 11

Regs 9 and 11 apply to where provision of an ISS involves the placing of orders by technological means or the conclusion of contracts via electronic matters and impose special obligations on service provider

Nb. Essential to recognize Regs dealing w/online contract hs have no effect on the operation of CL contractual principles

Reg 11(1)(a)

 A service provider is obliged to acknowledge receipt of a customer’s orders. This does no amount to obligation to “accept” @ CL

Reg 11(1)(b)

  • Any online ordering system (such as form) must be designed in such a way that it is technically possible for customer to correct any errors before placing an order (ie. Back track)

  • Reg 9(1)(c) requires that the recipient must be able to understand how to achieve this

  • These apply if the order amounts to a contractual offer @ CL Reg 12

  • Nb. This does not mean that Reg 12 operates to turn all orders placed online into contractual offers @ CL

When does Reg 11(1) not apply?

  • if the recipient is not a consumer and the parties have agreed to dispense w/the SP’s obligations; or

  • Contract is formed by means of an exchange of emails

Notes to Reg 9

  • Imposes specific obligations on a service providers to provide certain info “where a contract is to be concluded by electronic means”

  • This doesn’t include situs where a webby plays a role in forming contracts, only when they are concluded online

Reg 9(1)(a)

 Provider must explain different technical steps to follow to conclude contract

Reg 9(1)(b)

 Whether or not the concluded contract will be filed by service provider and whether it will be accessible

Reg 9(1)(c)

 The technical means for identifying and correcting input errors prior to placing of order

Reg 9(1)(d)

 Languages offered for conclusion of contract

Reg 9(3)

 Where service provider provides t&c’s the SP shall make then available to him a way that allows him to store and reproduce them

Part 2 Consequences of non-compliance w/Regs

 Consequences differ depending on regulation breached

Failure to provide technical means for correcting input errors under Reg.11(1)(b)

Consequences is recipient made a contractual offer which he didn’t intent - if offer is accepted, a valid contract is formed.

Reg 15 applies only to breach of 11(1)(b) and allows recipient to rescind

Reg 11(1)(b) -> Reg 15 rescission

Failure to provide t&cs in a way that allows recipients to store and reproduce them under Reg.9(3)

The consequence will be that, in event of a dispute, recipient can’t consult t&c’s. Reg 14 applies only where the SP has not acted on a request to comply w/Reg.9(3) and the recipient may seek a court order compelling the SP to comply

Reg 9(3) -> Reg 14 court order

All other cases of default Reg.13

Allows a recipient to enforce the Regs against an SP in breach and claim damages for breach of stat duty Reg 13

All other defaults -> Reg 13

Websites

Issue

Action

Regulation 4: name, address

See reg. 6(1)(a) re general info

  • make sure this info is w/‘who is’ search providers

  • Adequate ‘contacts’ page on webby
Avoid application of consumer law Control who uses eg. Passwords and business registration
Jurisdiction and choice of law Address these expressly in terms and conds of sale
CL: unilateral offer or invitation to treat Clarify in t&c’s of sale
Regulatory obligation to acknowledge order Reg 11(1)(a) Use technical means to build into website, best way is to generate email to customer automatically
Input errors by customer Reg.11(1)(b)...

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