This Paper has addressed the key issues concerning electronic commerce businesses contracting on-line. Why does an on-line merchant want to select the customer with whom he deals? Does electronic mail fall under the Postel rule or the receipt rule of acceptance? Does an electronic document constitute “writing”? How should an electronic commerce business display its standard terms and conditions on-line? Can a web server constitute a place of business? Many of these issues are made academic if on-line merchants abide by the primary rule : Specify everything possible the standard terms and conditions. English law occasionally restricts the extent of these standard terms but, for the most part, on-line merchants are free to choose the way by which they contract and do business. The following is a short list of the key areas which should be explicitly addressed in the terms and conditions of an on-line contract: ① Selecting Customers-at whom are the advertisements and contracts directed? ② Offer/Invitation to Treat-What do the advertisements and order forms constitute? ③ Acceptance Methods and Procedures-What constitutes an acceptance? How and when is a contract formed? ④ Revocations-how can an offer be revoked? ⑤ Limitations of Liability/Warranty-for exactly what does the on-line merchant have responsibility? ⑥ Applicable Law/Jurisdiction-what law and forum govern the interpretation of the contract?

This Paper has addressed the key issues concerning electronic commerce businesses contracting on-line. Why does an on-line merchant want to select the customer with whom he deals? Does electronic mail fall under the Postel rule or the receipt rule of acceptance? Does an electronic document constitute “writing”? How should an electronic commerce business display its standard terms and conditions on-line? Can a web server constitute a place of business? Many of these issues are made academic if on-line merchants abide by the primary rule : Specify everything possible the standard terms and conditions. English law occasionally restricts the extent of these standard terms but, for the most part, on-line merchants are free to choose the way by which they contract and do business. The following is a short list of the key areas which should be explicitly addressed in the terms and conditions of an on-line contract: ① Selecting Customers-at whom are the advertisements and contracts directed? ② Offer/Invitation to Treat-What do the advertisements and order forms constitute? ③ Acceptance Methods and Procedures-What constitutes an acceptance? How and when is a contract formed? ④ Revocations-how can an offer be revoked? ⑤ Limitations of Liability/Warranty-for exactly what does the on-line merchant have responsibility? ⑥ Applicable Law/Jurisdiction-what law and forum govern the interpretation of the contract?

Electronic Comnerce Business, Standard Terms, On-Line Contract