Understanding the Legal Implications of eCommerce for Managers, Slides of Fundamentals of E-Commerce

Download Understanding the Legal Implications of eCommerce for Managers and more Slides Fundamentals of E-Commerce in PDF only on Docsity! eCommerce and the Law Docsity.com Law and management
Why do managers need to be aware of legal issues, surely this what we pay the lawyers for? Docsity.com Vicarious Liability
The Principle of vicarious liability is that the employer:
Is liable to indemnifying a third party for damage or loss suffered;
As a result of a wrongful act committed by an employee
In the course of an employee’s employment . Docsity.com Vicarious Liability
This liability extends also extends to claims by other employees of the employer arising out of the wrongful act of an employee.
The wrongful act may be in:
Tort (which includes negligence and defamation); or
Breach of a statutory duty under legislation such as the Trade Practices Act. Docsity.com Occupational Health and Safety
The employer is also responsible for:
maintaining a safe place of work pursuant to occupational health and safety legislation; and
Maintaining an workplace free of harassment and discrimination pursuant to anti discrimination and anti harassment legislation Docsity.com Challenge of E-commerce EC challenges the commercial assumptions of:
who and where the markets are;
who competitors are; and
how commercial organisations and relationships are structured Docsity.com The law and EC
Faced with discontinuity the law (lawyers) and other intermediaries must adapt.
Each new application of eCommerce to the market process requires an analysis of the legal implications flowing from that application including
what the law governs the process and
the rights of the players associated Docsity.com Peculiar features of cyberlaw
No need for paper or other physical representation
no clear geographic/ territorial or political limitations or delineations
blurring of the concept of time and the linear order which the law likes to impose Docsity.com