180 E-commerce and distance selling

Q5 Review the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 and analyse whether they achieve an appropriate balance between the protection of the consumer and the rights of the trader.

5â Recommended reading

Butler, M. and Darnley, A. ‘Consumer acquis: proposed reform of B2C regulation to promote cross-border trading’ (2007) Computer and Telecommunications Law Review 109

Chissick, M. and Kelman, A. Electronic Commerce Law and Practice (3rd edn, Sweet & Maxwell, London, 2002)

Department for Business, Enterprise and Regulatory Reform Consultation on EU Proposals for a Consumer Rights Directive (London, 2008)

Dobson, P. and Stokes, R. Commercial Law (7th edn, Sweet and Maxwell, London, 2008) Hall, E. ‘Cancellation rights in distance-selling contracts for services: exemptions and

consumer protection’ (2007) Journal of Business Law 683

Harrington, J. ‘Information society services: what they are and how relevant is the definition?’ (2001) Journal of Business Law 190

Lodder, A.R., and Kaspersen, H.W.K. (eds.) eDirectives: Guide to the European Union Law on E-Commerce (Kluwer Law International, London, 2002)

Kono, T., Paulus, C.G., and Rajak, H. (eds.) Selected Legal Issues of E-Commerce (Kluwer Law International, The Hague, 2002)

Howells, G. and Weatherill, S., Consumer Protection Law (2nd edn, Ashgate Publishing Ltd, Aldershot, 2005)

Singleton, S. eCommerce: A Practical Guide to the Law (Gower Publishing Ltd, Aldershot, 2003)

â ‘Proposed Consumer Rights Directive’ (2008) 31 Consumer Law Today 10(8)

â ‘Proposed changes to distance-selling rules’ (2009) Consumer Law Today (Feb.) 8

â ‘Proposed new EU laws: Consumer Rights Directive’ (2008) 16 IT Law Today, 10(1) Warner, J. ‘The new E.C. Regulations’ (2002) Company Lawyer 313

Distance selling divides into two parts, traditional distance selling via magazines, Âadvertising, etc., and the increasing market of selling via the Internet. The book edited by Lodder and Kaspersen and the one by Singleton provide a good discussion of controls over e-commerce.

Part 3

International Trade and Sales

Introduction

Part 3 deals with the issues relating to international trade and sales. Every day, many business people rely on the certainty of the laws and rules relating to international trade to govern their obligations, provide remedies and resolve disputes.

Chapter 1 deals with the relevance of standard trade terms in international contracts. Trade terms such as CIF and FOB will be examined along with the relevance of INCOTERMS. These terms, which have developed through practice and customs have been recognised and given legal effect by the English courts. They have served a useful purpose over the years as they reflect the intent of the parties and help to determine the rights and obligations of the buyer and seller, as well as rules relating to the passing of property and risk.

Chapter 2 examines the role of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG). This Convention has been widely used and recognised by many countries, including important trading nations such as the United States, China and most of the European Union. The CISG has been hailed as a success in that it strives to achieve a balance between the interests of the buyer and seller in sale of goods transactions. This chapter will examine the scope of the Convention, the obligations of the parties as well as the available remedies.

Chapter 3 looks at the various methods of payment available to the parties to finance international trade. As these transactions usually involve large sums of money with parties unknown to each other, located in different countries, rules governing the method of payment and other aspects of these transactions are essential. This chapter looks at the rules surrounding letters of credit as well as other means of payment such as factoring and forfaiting.

Chapter 4 examines the importance of carriage of goods by sea in international trade. We examine various types of contracts of affreightment such as charterparties and bills of lading. Legislative instruments such as the HagueVisby Rules, which have been incorporated in the United Kingdom through the Carriage of Goods by Sea Act 1971, will be discussed. This chapter also looks at the role of freight in sea carriage and the emergence of electronic bills.