Online contracts, eBay and legal enforceability

According to the Sydney Morning Herald, the Supreme Court of New South Wales has upheld the enforceability of an online sale on eBay (Judgment in Smythe v Thomas now available online here).

The successful online bidder of a vintage WWII plane sued the seller after the seller refused to complete the sale. (The seller had been offered $100,000 more off-line by someone else). The online buyer won the case.

Business 2.0 also reports on an advance in online contracts: Tractis, the first Web platform that lets users create, manage, and execute contracts online from a Spanish startup called Negonation. (via law.com)

For a refresher on the Australian law see my March 2006 post here.

 

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