First Principles of Business Law
Making a contract
5. Online transactions

5.4. What law applies to online transactions?

 

 

 

Read the facts and the question and then choose the best answer.

A, who resides in Sydney NSW enters into an online transaction with B, who resides in Victoria, for the sale of a boat owned by A.  At the time of the sale the boat is in A’s possession in Sydney.  A fails to deliver the boat and B wishes to take legal action in the Victorian courts and under the provisions of Victorian law to enforce the contract.  Which of the following statements reflects the legal position?

(a) In such circumstances, the party who brings the action can choose the venue and the national law by which to enforce the agreement.

(b) In such circumstances, the venue and applicable law is determined either by agreement between the parties or by objectively determining which national jurisdiction the transaction is most closely connected with. 

 

 

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