Diploma in Online Contracting

Online commerce requires a new take on contracts. Online contracting includes the traditional elements drafting but with a new twist. It is more likely that the closing of an E-Commerce deal will not be the result of a handshake, but will be in the exchange of electronic keys that have been authenticated by an international authentication service. Cyber-notaries will verify digital signatures, and impound accounts that reside outside of the jurisdiction of the parties may be employed to guarantee performance. Disclaimers, licenses and warranties take on a new color when conflicts arise between U.C.C. and UNCITRAL or other model commercial acts.

The student in this course will cover the subject of contracts in the digital age. Authentication of parties, forum, statute of frauds, licensing, and consumer protection topics will be taught with emphasis on electronic commerce.

There are not specific rules applicable to online contracting, yet. Most countries apply traditional contract law and principles to online contracts. In addition, the majority of countries have implemented laws that accept electronic or digital signatures, following the suggestions introduced by the 1996 UNCITRAL Model Law on Electronic Commerce (as amended in 1998).

For instance, the United States Uniform Commercial Code (UCC), adopted by all states but the state of Louisiana, applies to electronic contracts if these contracts relate to transactions in goods. Transactions in goods are governed by article 2 of the UCC, which requires some basic elements for the contract to be binding: offer, acceptance, and consideration. Also, depending on the type of contract, some additional elements are required, i.e., a writing. Contracts for services are not governed by the UCC; but does the UCC apply to contracts involving both services and goods?

Just as in the United States, many countries face challenges when applying traditional contract law to online contracts.

This diploma program intends to answer some of these questions by providing the following information:

REGISTER

COURSE MATERIALS

DESCRIPTION OF THE MODULES

ASSESSMENTS

DIPLOMA

INTEREST AND ELIGIBILITY

FEES AND SCHEDULE

BOOKING CONDITIONS

COURSE MATERIALS:

This Diploma has been developed and customized with the specific needs of the online community in mind – timely information that can be immediately used for e-business practice. Experts and experienced practitioners, from around the world, have designed the materials for the Online Contracting Diploma.

Each module contains text material, study guide instruction, and weekly interactive participation. Text material may contain a combination of code sections, cases, and commentary materials or news articles that are available on the Internet. Study guides contain commentary materials upon the text materials with exercises and assignments to be completed independently.

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DESCRIPTION OF THE MODULES:

  1. Requirements for Online Contracts
    • Drafting Electronic Agreements
    • Performance/Discharge/Breach of Electronic Contracts
    • Enforcement
    • Mailbox Rule
  2. Authentication of Parties
    • Key Encryption
    • Digital Signatures
    • Third Millennium Electronic Commerce Act
  3. Choice of Law and Choice of Forum- Jurisdiction
    • The Zippo Case
    • Domestic enforcement of foreign judgments
    • The forum selection clause
  4. Performance/Discharge/Breach of Online Contracts
    • Electronic Commerce in the European Union
    • Enforceability of liquidated damages
    • Available damages under contract law
    • Alternative dispute resolution mechanisms
    • Online dispute resolution
    • Mail order violations
  5. Statute of Fraud and Electronic Communications
    • Statute of frauds and electronic contracts
    • Satisfying the statute of frauds
  6. Third Parties to Online Contracts and Online Providers
    • The Mid Term Exam
    • Online Providers agreement
    • Online providers' liabilities
  7. Electronic Contracts and Model Acts
    1. Electronic Contracts
      • Online Mass Market Agreements
      • Electronic Data Interchange (EDI)
      • Web Site Forms
      • E-mail
      • Electronic Agents
      • Guidelines for Electronic Consumer Transactions
      • Warranties and Disclaimers
      • The Uniform Commercial Code (U.C.C.)
    2. Model Acts
      • Model Electronic Data Interchange Trading Partner Agreement
      • UNCITRAL Model Law on Electronic Commerce
  8. Licensing: Software, film, books, and radio
    • Shrinkwrap
    • Web Wrap Agreements

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ASSESSMENTS:

The program is assessed by submission of weekly written assignments or a final writing paper. The student may choose either of these assessment methods; yet, writings must be in English. Weekly assignments must answer the assignment questions in two to five pages, doubled-spaced, Times New Roman letter and be submitted at the end of the module. Final papers must be minimum fifteen doubled-spaced pages, Times New Roman. Final papers are due one week after the course is completed. This paper may be published in the IBLS News Portal section.

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DIPLOMA:

Upon completion and passing the assessment, a Diploma in Online Contracting is awarded. This Diploma is awarded by E-Commerce University in cooperation with Global E-Commerce Council GECC www.eCommerceCouncil.org

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INTEREST AND ELIGIBILITY:

This program is of interest to all professionals including but not limited to attorneys, computer experts, law enforcement agents, and business executives and entrepreneurs who need to increase skills and competence in areas concerning Online Contracting.

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FEES AND SCHEDULE:

The tuition for the Diploma Program is US$980; this fee includes professor's instructions and all course materials.

This diploma course employs the Socratic Method. Students are responsible for self-study the reading assignments. The course professor is available for live online discussions via discussion board or forum twice a week during the office hours he or she selects. Students in different time zones may send their questions or comments by e-mail if they cannot participate in live online discussions. This course is taught by distinguished law professors who are experts in this and other legal fields that they practice.

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BOOKING CONDITIONS:

PAYMENT OF FEES:

Fees must be paid in full in U.S. Dollars upon enrolment along with completed application.

CONTRACT:

The completion and submission of an application form does not constitute a contract between E-Commerce University and the candidate. A contract shall exist only on acceptance by the E-Commerce University in writing of the candidate’s application form and shall incorporate these booking conditions. The laws of USA shall apply in all respects and the courts of USA shall have exclusive jurisdiction.

COPYRIGHT:

The copyright of all study materials remains that of E-COMMERCE UNIVERSITY. Such materials may not be reproduced either in whole or in part, by any method whatsoever, without permission having been given in writing by the E-COMMERCE UNIVERSITY. Once enrolled, study materials become accessible only to the candidate to whom they paid for the course and may not be used by any other person.

MATERIAL:

The Diploma involves 8 weekly modules that are delivered and accessed online and Black Board specifications. Each module will contain text material, study guide instruction, and weekly interactive participation. Text material may contain a combination of code sections, cases, and commentary materials or news.

LANGUAGE:

All study materials and assessments are supplied in the English language only.

ASSESSMENT PAPERS:

Candidates will receive written comments from E-Commerce University on their performance.

CANCELLATION:

Candidates may cancel their registration by notice in writing to E-COMMERCE UNIVERSITY (provided such notice is received by E-COMMERCE UNIVERSITY before release of their ID and Password for accessing the course materials), whereupon the candidate shall be entitled to a refund of the fee for the course and course materials in question less an administrative fee of $100. No cancellation will be permitted after the release of ID and Password for accessing the course materials.

VARIATION IN DIPLOMA PROGRAM:

The E-COMMERCE UNIVERSITY Diploma Program is offered subject to demand. E-COMMERCE UNIVERSITY reserve the right to vary the module contents or cease offering any or all of the module contents for any of E-COMMERCE UNIVERSITY Diploma Program

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E-COMMERCE UNIVERSITY CONTACT INFORMATION:

For more information, please send an email to info@ibls.com

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