Title: Payments made by means of mobile phones

Authors: Hans Henrik Edlund

Addresses: Department of Law, Aarhus School of Business and Social Sciences, Aarhus University, Hermodsvej 22, 8230 Aabyhoej, Denmark

Abstract: This article analyses some of the risks associated with payment by means of mobile phones. In the very near future, the rapidly expanding technological possibilities will give widespread scope for paying for groceries and for many other goods and services simply by sending messages from mobile phones. In many cases, a payment service provider will facilitate the transfer of money and the status of this third party intermediary will cause some specific problems in respect to who shall bear the risks if the payer or the payment service provider becomes insolvent. These problems must be dealt with when designing payment services. The payment service providers will probably take on strict liability for executing payment instructions, and in some cases they will bear the risk of payers| insolvencies.

Keywords: risk; payment service providers; PSPs; electronic payments; e-payments; mobile phones; cell phones; goods; services; messaging; messages; money transfers; third party intermediaries; third parties; payer insolvencies; insolvency; payment instructions; private law; mobile commerce; m-commerce; e-commerce; electronic commerce; pervasive computing; contracting; contracts; liability; legal aspects.

DOI: 10.1504/IJPL.2011.039364

International Journal of Private Law, 2011 Vol.4 No.2, pp.266 - 273

Published online: 31 Mar 2011 *

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