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Allocation of jurisdiction and the internet in EU law

Farah, Youseph (2008) 'Allocation of jurisdiction and the internet in EU law.' European Law Review, 33 (2). pp. 257-270. ISSN 0307-5400

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Abstract

Article 15(1)(c) of Brussels I raises few issues yet to be resolved when applied to electronic consumer contracts. The paper advocates that principles of fairness such as the doctrine of good faith, should play an important role interpreting the requirement of “directs such activities”, and when standing on the definition of the concept “consumer”. When discovering the true scope of the requirement of “directs such activities” and how it affects electronic consumer contracts, the paper discards of the attempt to apply the US International Shoe rationale to Art.15(1)(c) of Brussels I. The paper concludes that under the system of Brussels I a single electronic consumer contract should suffice to bring the electronic transaction within the control of Art.15(1)(c), subject to a few identified exceptions.

Item Type: Article
Uncontrolled Keywords: Allocation of jurisdiction; Consumer contracts; Consumer protection; EC law; Electronic contracts; Fairness; Good faith; United States
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 24 Oct 2012 17:58
Last Modified: 24 Oct 2012 17:58
URI: http://repository.essex.ac.uk/id/eprint/4177

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