Model for an adequate liability system for Trustmark Organisations Online publication date: Tue, 17-Jul-2007
by Paolo Balboni
International Journal of Liability and Scientific Enquiry (IJLSE), Vol. 1, No. 1/2, 2007
Abstract: Trustmarks are very valuable means to improve e-society and e-economy and to simplify e-policy. The current practice of Trustmark Organisations (TMOs) represents a risk to e-consumers who possibly rely on trustmarks. Traditionally liability law is the first legal guard against undesirable societal developments. None of the law applicable to TMOs sets forth rules on TMO liability. Given the undesirable developments of TMO practice, a liability model for TMO will be presented. The core of TMO liability will be based on the liability of TMOs' offline counterparts. Through the concept of 'adequacy', the basic liability rules will be tailored to TMOs.
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