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IX Semester
International contracts and e-commerce (Hons. Elective)
Course handout
Dr Veena
Objectives o the course! In the light of liberalization,
privatization and globalization openedthe gates for foreign
investment. The transnational or international contracts pose a
new
challenge in the present information and communication
technology period of 21st century. The
global market has brought the different legal systems closer
while coping with time. Theobjective is to determine the actual
contractual framework resorting to the international and
comparative methods of the issues and challenges will make the
students understand the problem
in international contracts and train them to endeavor for
critical conclusions. ith this objective
the course prepares the students to understand the rules
regarding commercial and internationalcontracting and rules
regarding the drafting.
The first part of the course offers international contracts with
drafting related to the legal and
technical issues and the second part focuses on e!commerce and
related issues. The course on
e!commerce will enable to respond to the increasingly serious
demands posed by businessemployed computers and networks such as
jurisdiction, privacy, identity, authentication of
electronic records, etc.
"#IT $I
Introduction to international contracts $meaning and definitions
$ principles of internationalcontract $ modern lex mercantoria-
pre!contractual statements $ parties to transactions $
Trade
terms and Incoterms 2%%% $validity of contracts $drafting $
essentials $common clauses of
international contracts $commercial contracts and government
contracts $subcontracts $
hardships in international commercial contracts $ Importance of
language and culture and itslimitations in drafting international
contracts investment in free trade $regional and international
trade policies and treaties.
"#IT $ II
&ommercial contracts for sale of goods $ "niform commercial
&ode '"&&( $international
contracting $ the "# convention on international )ale of *oods
'&I)*( $Its objectives, rights
and obligations of the seller and buyer $ International sales
contracts and its clauses !the +ague
convention $ serving of process and legal documents $
obligations of member countries $
emedies for breach
"#IT ! III
"#-IT principles of international contracts ! significance of
national laws and its effects on
international sales $comparative contract law principles
$subject matter of contract $offer,acceptance and consideration
rules $international primary payment methods $currency issues
$
pre!payment and credit transactions etc.
"#IT $ I/
-rafting specific contracts $ 0odules and eercises $ agreement
to sell, conditional sales
contract! franchise contract $sole distribution contract
$international agency agreement $ )ervice
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and employment contracts !distributorship contracts $oint
venture agreements $Technology
transfer agreements $ 3icensing 4greements $I5 related contracts
$insurance and carriage
contracts $ issues relating to choice of law $ choice of forum $
force majeure .
"#IT $ /
-ispute resolution $ arbitration clauses in international
contracts and its significance $
commercial and international disputes $ )pecial rules and
conventions governing disputes and
adoption of model laws relating to 4- into the national laws
!.
6!commerce
"#IT $ /I
Introduction to e!commerce $meaning and definition $ history and
development $e!
contracts7online contracts $ formation ! issues and remedies
$contractual and non!contractual
liability $liability of network operators and service
provider7product liability $- and other modules
"#IT $/II
Types of e!contracts or computer related contracts $software and
hardware contracts ! shrink
wrap $ click wrap $browse wrap agreements $drafting tips
!privacy and security issues $use and
effect of e!signatures in digital commerce $ validity and
authentication of e records $electronic
banking $Information Technology 4ct 2%%%
"#IT /III
Types of e!commerce $business to business '828( $ business to
consumer '82&( $ &onsumer to
&onsumer '&2&( $8usiness to *overnment '82*(
$government to 6mployees '*26(, etc $
"#&IT43 model on e!commerce ! Importance of these contracts
! Issues and challenges in the
internet age
"#IT $ I9
5rivacy and data protection $personal data protection
$4pplication of I5 while doing online
business $copyright issues $trademarks $online advertising
and marketing $direct advertising in
e!commerce and understanding of unsolicited mails $national and
international regime
"#IT $9
&onsumer protection in e!commerce $understanding of unfair
practices! $security issues in e!
commerce $code of conduct $urisdiction $choice of law
$enforcement $governing laws in cyber
space7world
