E Commerece
E Commerece
E Commerece
technology
Topic - “e-commerce”
Hill v. Gateway 2000, Inc., 105 F.3d 1147 (7th Cir. 1997)
Facts: The facts of this case consider the situation of terms-in-the-box
contracts. Mr. and Mrs. Hill ordered a Gateway 2000 computer system.
When they received this computer system, along with the packet of
warrantees was an arbitration agreement, which precluded Plaintiffs
from bringing any action against Defendant, other than in the forum of
arbitration. Hill was dissatisfied with the purchase and he filed a suit in
federal court. The district court refused Gateway’s request that it honor
the arbitration clause, holding that the record did not support a finding
of a valid arbitration agreement, or that Hill had adequate notice of the
arbitration clause.
This case follows the same logic as the “shrink-wrap license” cases.
Shrink-wrap license agreements typically involve notice of the
agreement on the product packaging, inclusion of the full terms of the
agreement inside the packaging, and prohibit access to the product
absent an express indication of acceptance. Under such cases the
contract does not form at the time of purchase; generally it forms when
the purchaser makes the express indication of acceptance, for example
by declining to return the product within a specified period of time.
People v. Lipsitz, 663 N.Y.S.2d 468 (N.Y. Sup. Ct. June 23, 1997)
FACTS: In this case, a New York court held that the defendant was
subject to personal jurisdiction and liable for violating New York
consumer protection laws, even though the defendant conducted its
magazine subscription business globally over the Internet
ANALYSIS: The complaint alleged that the defendant had engaged in
fraudulent and deceptive trade practices on the Internet by using and
mis-using e-mail under various assumed names to sell magazine
subscriptions that never arrived or were only delivered for a portion of
the paid subscription period. In granting relief, the court first ruled that
it had personal jurisdiction over the defendant because the defendants
were located in New York, did business in New York and the acts
complained of occurred within the state, notwithstanding the fact that
the magazine subscriptions were offered for sale to a far greater
geographic basis. Nor did prosecution offend the Commerce Clause as
the consumer protection statute under which relief was granted was
neither designed nor aimed at regulating conduct outside New York’s
borders. The court then analyzed the defendants’ conduct under
traditional consumer protection law, and held that the conduct violated
New York laws.
CONCLUSION:-
Today’s world is the generation of internet. The whole work whether it
is small or big is done through the internet, online education to
shopping everything is now a day’s easily accessible via internet. This
internet is growing day by day.
E-commerce is an inseparable part of internet. Growing of internet has
also lead to the growth of e-commerce. It has entered in the stage of its
rapid development. Almost every kind of business is being conducted
via the modes of e-commerce.
By the help of e-commerce we can have every kind of business without
having any infrastructure, large number of employees, etc.
E.g. Flipcart is an online shopping website from where we can order
the products what we want at the cheaper price than that of shops
because these products are tax free and directly delivered to us.
But it is also a bitter truth that everything which is having a good part
also has a bad part. E-commerce is very useful but it has also some
worst or negative side. There are various cases of fraud,
misrepresentation, etc. through the use of internet.
E.g. if someone had brought some product from a particular website
and he had already made the payment through cash before delivery,
.after all that he came to know that the particular site from which he
had ordered and make the payment was forged.
These kinds of cases are common now a day’s throughout the world.
Hence various legislations are made to control these frauds.
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