2017-03-12 11:48

互联网的应用已经彻底改变了商业部门。这一革命性的变化导致了需要考虑建立网上合同。如今,几乎所有类型的合同可以通过互联网,虽然也有一些只能用书面形式与双方实际存在。这是土地买卖的一个例子。除非土地注册处能够有效地实施一种安全可靠的电子签名方法,所有有关买卖土地的合约必须以书面形式。这不是唯一无法在网上形成的合同形式,但随着互联网的不断发展,设想在未来某个时候,所有的合同都会在网上形成。 在这篇文章中,重要的是要区分要约和邀请对待。请客邀请应视为邀请他人提出邀请。著名的案件Fisher诉贝尔[ 4 ]是一个良好的权威定义邀请治疗。一个店主在商店橱窗里拿着一把挥刀被起诉,因为他卖了一把刀,这是当时的犯罪行为。在决定的情况下,有人认为,通过展示刀,店主不提供出售的刀,但邀请路人发起谈判。同样,在超市,报价可以被接受或拒绝在结帐[ 5 ],这意味着在超市的项目应被视为邀请治疗。


The use of the Internet has revolutionised the commercial sector. This revolutionary change has resulted in the need for consideration to be given to the formation of online contracts. Nowadays, almost all types of contract can be made via the Internet, although there are some which can only be made in writing with both parties physically present. An example of this is the sale and purchase of land. Until such time as the Land Registry can effectively implement a safe and secure method of signing a signature electronically, all contracts relating to the sale and purchase of land must be in writing. This is not the only form of contract incapable of being formed online, but with the continuous development of the Internet, it is envisaged that, at some point in the future, all contracts will be formed online.
At this point in the essay, it is important to draw a distinction between an offer and an invitation to treat. An invitation to treat should be regarded as an invitation to others to make an offer. The famous case of Fisher v. Bell[4] is a good authority on defining an invitation to treat. A shopkeeper who displayed a flick-knife in his shop window was prosecuted for offering the knife for sale, which was a criminal offence at the time. In deciding the case, it was held that by displaying the knife, the shopkeeper was not offering the knife for sale but inviting passers-by to initiate negotiations. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the checkout[5], meaning that items in supermarkets should be construed as invitations to treat.

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