Title: What we know and what we do not know – the legal challenges for international commercial contract formation in a pervasive computing environment

Authors: Grace Li

Addresses: Faculty of Law, University of Technology, P.O. Box 123, Broadway, NSW 2007, Australia

Abstract: Although the issue of electronic international commercial contracting has been discussed in the online world, the author of this paper believes that the current system lacks a workable basis for embracing the coming pervasive computing era. In this context, this paper studies the status of current international commercial contract formation and outlines the challenges of pervasive computing, in particular, the issues of jurisdiction and of contract fraud. The paper then suggests that, in order to serve the future computing environment better, the legal and regulatory framework should focus on improving the internal monitoring of risks and vulnerabilities, and greater sharing of information about these risks and vulnerabilities. Moreover, the role of government should be to focus on education and training on the care and use of these technologies and the better reporting of risks and responses. A fully embedded safe computing environment will require more collaboration between individuals, commercial organisations and relevant government bodies.

Keywords: ubiquitous computing; obligations; United Nations; international conventions; sale of goods; CISG; electronic communication; e-communication; international contracts; CUECIC; UN; uniform commercial code; UCC; USA; United States; jurisdictions; electronic contracts; e-contracts; internet; world wide web; contract formation; fraud; legal frameworks; regulatory frameworks; internal monitoring; risks; vulnerabilities; information sharing; government roles; education; training; safe computing; embedded environments; collaboration; commercial organisations; computer use; private law; mobile commerce; m-commerce; e-commerce; electronic commerce; pervasive computing; privacy; commercial contracting; liability; legal aspects.

DOI: 10.1504/IJPL.2011.039363

International Journal of Private Law, 2011 Vol.4 No.2, pp.252 - 265

Published online: 31 Mar 2011 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article