287.4 Rules to be applied in the absence of choice

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E-COMMERCE vol 13(3)

287.4 Rules to be applied in the absence of choice

Copyright © 2025 LexisNexis

| Commentary

In order for there to be an agreed choice of law, the choice has to be made expressly and clearly¹. Where the parties fail to specify their choice of law, or where the choice is not expressly or clearly demonstrated, the choice of law is determined in accordance with the rules set out in the Rome I Regulation². Different rules apply to different types of transactions, and the relevant rules for business-to-business

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(4) ELECTRONIC CONTRACTS

287.5 Special rule for consumer transactions

288 Rome II Regulation

289 Implications for sellers

290 Jurisdiction for disputes

291 Recast Brussels Regulation

292 Use of a choice of law and jurisdiction clause

293 Liability of intermediaries on the Internet

294 Case law in relation to the liability of intermediaries on the Internet

295.1 Introduction to the Defamation Act 2013

295.2 Defences to defamation

295.3 To check or not to check posts before they appear?

295.4 Other provisions of the Defamation Act 2013

296 Legislative measures generally

297 Legislative measures in the United Kingdom—the Copyright, Designs and Patents Act 1988 Section 97A

298 Steps to take by Internet service providers or bulletin board or chat room operator

299 Internet auctions—the contractual relationship

300 Other regulations in relation to Internet auctions