Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Förklaringsmisstag: - i ett elektroniskt sammanhang
Jönköping University, Jönköping International Business School, JIBS, Commercial Law. (Chadi El-Azzeh)
2010 (Swedish)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesisAlternative title
Content-error : - in an Electronic Context (English)
Abstract [en]

The thesis hears content-error in relation to agreements closed by electronic means. The purpose of the thesis is to elucidate how the rules in 32 §(1) AvtL apply to agreements closed by such means and to evaluate its suitability. The elucidation is done on the basis of, the rules’ adequacy in relation to their objectives in collaboration with a comparative view on a selection of international legal framework under private law, such as DCFR, UNCITRAL Model Law, UNIDROIT Principles and CISG.

Since Sweden lack a specific regulation for electronically closed agreements, all modern closing methods will be evaluated from the dated outlook of the Swedish Contract Act. In relation to entirely automated processes which results in the closing of an agreement, particular difficulty arise in correlation with prerequisites, which requires a human stance. How to determine a computer's will, trust or bad faith is possibly a trick question, the correct question may be, if intention, trust or bad faith can be attributed to a computer.

The IT-investigation, SOU 1996:40, dismiss using the rule on error-in-content in association with automatically generated declaration of intention. The legal debate is relatively thin on this area and the vast majority of doctrine is out-of-date.

The thesis’s conclusion can be summarized in that the subjective elements should be considered fulfilled with most electronically closed agreements but a legal reform in this area is to recommend in a mainly clarifying aim. A provision free from subjective elements – in unity with the stated international legislations’ line – is to advocate. Finally, the need of an alternative imposition of penalty has – in association with a content-error-mistake – been noticed, in the form of damage so as to put the other party in the same position in which it would have been if it had not concluded the contract.

Place, publisher, year, edition, pages
2010. , p. 57
Keywords [sv]
Förklaringsmisstag, avtalslagen, elektronisk, handel, avtalsslut, felskrivning, felsägning, fel, befodringsfel, IT-utredningen, inmatningsfel, klickavtal, EDI, IT-rätt
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-13974OAI: oai:DiVA.org:hj-13974DiVA, id: diva2:378966
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2011-01-20 Created: 2010-12-16 Last updated: 2011-01-20Bibliographically approved

Open Access in DiVA

fulltext(2434 kB)613 downloads
File information
File name FULLTEXT01.pdfFile size 2434 kBChecksum SHA-512
c04ca567d90d7af3481a4b191b0f9fb53984a3cb8c42d2b1ab5aca8d614466d813a107a3787527fe02958f725417160a28112f10a6ae377f6ecdc96ac555964a
Type fulltextMimetype application/pdf

By organisation
JIBS, Commercial Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 613 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 1169 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf