Electronic negotiation in e-commerce contracts

Abstract

E-commerce has created a new contracting environment where it is impossible for both parties to agree on all aspects of e-commerce contracts at once. Instead, negotiations must take place over a specific period. Often, a party wishing to enter into a contract does not finalize a binding offer until after the negotiation process, during which the main elements of the contract are defined. This stage is characterized by its legal specificities and raises several issues, primarily concerning the nature of the obligations arising, good faith, liability, and the penalties for breach of contract.