The Law of Electronic Commerce and the Internet Research Paper

The Law of Electronic Commerce and the Internet - Research Paper Example Irrespective of the contractual arrangements between the parties, the misleading and deceptive conduct provisions of the TPA and/or equivalent Fair Trading legislation may well apply, provided a sufficient jurisdictional nexus is established in relation to the relevant conduct. However, this is on particular problems arose by eBuy and Mr. John Online auction transactions. In the case of an eBay, auction company has control over the goods that are being auctioned. In this case of the auction, the buyers Mr. Paul paid $ 1500 the eBuy company for the goods Television. Misleading and deceptive conduct will extend to the layout of the site itself. In this regard factors such as the size, type, and color of the font, the prominence and location of hyperlinks, visibility and location of key terms and conditions, whether any distracting graphics or technology are used as well as other relevant circumstances, may be relevant to whether the Internet-based conduct is misleading or deceptive. In this case, terms and conditions of the eBay Company were not clear and the size was big so that customers clicking "I Accept" Button without reading and understanding the terms and conditions. And Mr. John was clicking "I Accept" Button without reading and understanding the terms and conditions.Mr. John's claim would depend, essentially, on whether he could establish that he was led to believe that the auction site eBay, through terms and conditions or through representations on the website, misled him as to the characteristics and security of the auction process. This issue was considered in the case of Evagora v eBay Australia & New Zealand Pty Limited [2001] VCAT 49, although, being a Tribunal decision, its precedent value is limited. In that case, Evagora successfully bid for a computer in an eBay hosted auction, which was paid for but never arrived. The seller of the computer was based overseas. Evagora claimed for his loss against eBay, arguing that he did not read eBay's user agreement and that eBay represented that the auction site was safe, which overrode the terms of the user agreement. eBay was held liable by the Tribunal for the loss suffered by Evagora. It is important that the terms and conditions on which a consumer participates in Online auctions website are clear, accurate, and accessible to avoid potential claims under sections 52 and 53. It is also important not to reduce or nullify the effectiveness of any terms and conditions by contrary or inconsistent representations or impressions given to users via the actual content of the website. Answer 2 Harry's Burger Farm collects personal details from Paul. Two years later Paul is upset when his health insurer charges a higher health insurance premium because he is deemed a 'high risk' heart attack candidate. Another insurer refuses to ensure his car, citing high clash statistics for owners of mobile phones.

Limited Collection Brand in Marks & Spencer Essay

Limited Collection Brand in Marks & Spencer - Essay Example This research will begin with the statement that Marks and Spencer Group (M&S) is a retailer of clothing, foods and Homeware. It operates through owned stores and franchise stores. The company has two reportable geographic segments: UK and international. M&S operates through a chain of 622 stores across UK and 278 international outlets throughout 34 countries worldwide The company's operations can be categorized under two divisions: food and general merchandise including clothing and home ware. The food division focuses on fresh, natural, healthy food; special celebration products; authentic ready meals and exceptional everyday food such as Oakham' chicken and Aberdeen Angus steaks. It chain of 205 franchised Simply Food' stores operates in railway stations, Heathrow Airport and motor service areas. These stores offers its customers an opportunity to shops between visits to the company's main stores. The clothing division product portfolio includes women's wear, men's wear, lingerie children's wear and footwear. Hong Kong, India, Bangladesh, Sri Lanka and Turkey offices provides the raw materials to the division. This division offers some prominent brands which includes: Autograph, Limited Collection, Cellozione, Blue Harbour, Girls Boutique, Per Una and Ceriso. The home division product and services caters homeware and home accessories; kitchen and tableware; lighting; and furniture products. The division also offers catalogue and online services.