Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/13367
Title: 'Choice of law' in e-commerce consumer transaction: the freedom that needs protection
Contributor(s): Jayabalan, Sheela (author); Marimuthu, Sharllene (author)orcid 
Publication Date: 2013
Handle Link: https://hdl.handle.net/1959.11/13367
Abstract: A mind shift in the concepts of private international law is in dire need of a change not only because of the borderless nature of the Internet but for the evolution of a new way of life in the unfolding age of information and knowledge. Consumers are in dire need of protection to accord certainty and confidence of their rights and liabilities for any activities interplayed via the Internet. The current law is not feasible when consumers transacts via the Internet because the Internet is stated to be "structured logically and not geographically". Determining choice of law based on imputation of 'close connection', 'intention of the parties', 'place of business' are all geographically based. Businesses set up in the WWW need not have any physical presence. They can be run without any offices or other forms of business premise whereby their physical presence can be located. Thus, the fact that the Internet is under the predomination that is 'virtual' which encompass of mere networks, a paradigm shift in the mindset for determining choice of law based on physical presence is desired. Applying doctrinal analysis the author contends that the principles governing the private international law in Malaysia need to be redefined with a global outlook. Practices of comity for the protection of consumers need to be articulated in the conflict of laws. Private international law should not be left to the practice of the laissez-faire market which is opined to be myopic, interested only in the bottom line with no concern for social justice.
Publication Type: Conference Publication
Conference Name: ICC 2013: International Conference on Consumerism - Consumer Sovereignty in the Global Era, Bangi, Malaysia, 27th March, 2013
Source of Publication: Proceedings of the International Conference on Consumerism 2013, p. 209-216
Publisher: National University of Malaysia
Place of Publication: Bangi, Malaysia
Field of Research (FOR): 180105 Commercial and Contract Law
HERDC Category Description: E2 Non-Refereed Scholarly Conference Publication
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