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Doing Business in The Information Age: John Corker
Doing Business in The Information Age: John Corker
Doing Business in The Information Age: John Corker
John Corker
GENL0230
What is e-commerce?
Includes: Online business to business transactions Online business to consumer transactions Digital delivery of products and services Online merchandising Automated telephone transactions eg phone banking EFTPOS and other automated transfer systems
Contracts
Law
Acceptance
Intention
Offer
Clear
statement of terms Person who makes it is prepared to be bound Not just an invitation to treat
Acceptance
Unqualified
agreement to terms of offer Express or inferred by conduct Cant be forced on unwilling person
Certainty
Essential
Consideration
Valuable
Intention
Express Inferred
from the circumstances Must be genuine consent - not obtained under duress
Capacity
Age Intellectual
capacity
Formalities
Oral
and capacity of seller or buyer Authenticity of offer and acceptance (digital signatures) When and where contract formed Governing law Terms and conditions (click through)
on electronic payment system Security of information exchanges Consequences on breach Storing electronic data to prevent alteration
law with mirror State laws (NSW, VIC, WA) To remove obstacles to electronic transactions, communications, signatures and record keeping 1 July 2001 applies to all federal laws unless exempted
Electronic Transactions(3)
Time of dispatch is when it enters the first information system outside control of sender Time of receipt is when it enters an information system designated by the addressee for receiving it. Place of dispatch and receipt taken to be respective places of business
says:
must be kept identifying origin, destination, time of sending and receipt of electronic communication
Making a contract
What
terms do you want to include? What risks are you trying to avoid? How will disputes about contract be dealt with? What is the governing law? Who will sign it?
Sole trader
All
profits All losses All liabilities Own name or choose business name Register business name
Partnership
Carrying
on a business In common With a view to profit Established by written agreement, oral agreement or conduct
Partnership
Partnership
Corporations
Partnership
Profit Joint
Fiduciary
Companies
Corporations
Act
Artificial
Companies
Constitution Directors Limits
duties
Companies
The
corporate veil
Lifting
the veil: fraud, agency, paying more dividends than profit, incurring debts when company insolvent
Companies
Form a company by: Registering name Lodge application with ASIC Registered office Names of directors and members
Which structure?
Where
are you getting your money from? What is your risk/liability? Who will be in control? What are the ongoing costs?
friendly form of an Internet address Actual address is an Internet Protocol (IP) number System globally administered by ICANN Generic top level domains (gTLDs)
.com, .org, .net, .edu, .gov, .biz
Country
and closed domains open - .com, .org, .net, .info, .biz closed - .gov, .edu, .mil, .museum auDA administers .com.au space to register in .au space must be a commercial entity registered and trading in Australia..
on a first come-first served basis Domain Names never meant to confer property rights. Clash with Trade Marks. auDA has a dispute resolution scheme which applies to all domain names registered or renewed from 1 August 2002. ICANN has the UDRP for .com etc domains.