The Research on Legal Regulation about the Risk of Electronic Contract Error

Na LI, Xi YANG

Abstract


Recently, there are ongoing legal issues about the electronic contract mistake. Due to the lack of relative law, it is difficult for judges to make the decision. According to the current legal practice around the world, judges are prone to change the traditional way to make the decision. They require enterprises to take the responsibility caused by the electronic contract mistake. This paper will discuss how to manage the risk of electronic contract mistake under the theory of risk management. In the first part we will discuss why we should use the theory of risk management to discuss this problem. In the second part, we will discuss the loophole in the current management of electronic contract. In the third part, we will discuss how to use the theory of risk management to manage the risk of electronic contract mistake.


Keywords


Electronic contract error; The theory of risk management; Avoiding risk

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References


He, Q. Q. (2012). Comparative study of electronic error and the choice of our country’s legislation. Sun Yat-sen University Law Review, p.135.

http://en.wikipedia.org/wiki/Enterprise_risk_management.

Ji, X. P. (2008). The research of mistake of intention in the electronic (p.41). Shang Hai Jiao tong university.

Lu, X. (2009). Study on error in electronic contracting (pp.15-17). Su Zhou university.

Sun, D. F. (2012). The electronic declaration internation—Study around the comparation between China and Korea (pp.24-27) Yan Bian University.

Wang, Y. (2011). Research on perfecting legislation of the mistake of electronic contract (p.8). Zheng Zhou university.




DOI: http://dx.doi.org/10.3968/10547

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