Electronic Contract:Time and Location of Formation

Ying Liu · 2002

Electronic contracts involve cyber space and physical space also. Because there is no cyber law and cyber space court, we should determine the time of formation of electronic contract and the location of formation of electronic contract differently. The time of formation of electronic contract should be the time the data message of acceptance enters the space within the control of offeror in cyber space, whereas unless otherwise agreed by offeror and acceptor, the location of formation of electronic contract should be the place of business, habitual residence of offeror which has the closest relationship to the electronic contract in physical space.

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