Lecture notes
Commercial Law and Practice WS07 D1
- Module
- Commercial Law and Practice
- Institution
- City University (City)
Commercial Law and Practice WS07 D1
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LEGAL PRACTICE COURSECommercial Law and Practice
Workshop 7
Topic(s):
E-contracting
Website terms and conditions
Data Protection
Learning Outcomes:
By the end of this session you will be able to:
Explain how and when a contract is formed online
Apply the Electronic Commerce (EC Directive) Regulations 2002 and the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Review a website and identify issues concerning the formation of an e-contract and the
incorporation of terms and conditions
Identify and advise on data protection issues affecting online retailers
Session Activities:
Advise a client in relation to the law governing online contracts.
Advise a client in relation to data protection issues
Materials Attached:
Pre-Session Task, consisting of email relating to your client, Seramica Limited; and
In-Session Task, consisting of email relating to Seramica Limited.
Preparation for Session:
Review your materials from Large Group 4.
Read Paragraphs 27.1 to 27.7 of the Commercial manual (and also re-read Chapter 26
(excluding paragraph 26.5) if you have time).
Skim read https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-
general-data-protection-regulation-gdpr/individual-rights/right-of-access/
Carry out the Pre-Session Task.
It is essential that you bring the following materials to this session:
You will need to have access to parts of the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce
(EC Directive) Regulations 2002 in front of you during the session. Appropriate extracts
are set out in the Appendix to the Commercial manual.
You will also need to have access to parts of the GDPR during the session. Appropriate
extracts are set out in the Legislation Bundle.
A mobile device to allow you to access the Seramica web pages on Moodle (alternatively,
you can print a copy of the Seramica web pages from the pdf available here and bring
this with you to the session).
Post-Session:
Review your notes from the session to consolidate your learning
Commercial Law and Practice
docs_142764689.docx 1/9 © City, University of London 2020
, LEGAL PRACTICE COURSE
Workshop 7: Pre-Session Task
To: trainee@wilsonandbuckley.co.uk
From keithsupervisor@wilsonandbuckley.co.uk
Date: [two days prior to workshop]
Subject: Seramica Limited
Karim Khan from Seramica has developed a draft website for seramica.com and has
incorporated terms and conditions which are based on some that he found on another
company’s website.
Karim has just forwarded me a mock-up of the web pages [Note to students: you should
access the draft web pages via the WS7 folder on Moodle by opening the PowerPoint
document (.pptx) and then selecting ‘slide show’ mode. This will allow you to navigate the
site by clicking on the text/boxes in green]. Karim has also mentioned that he has just noticed
that one of the pages (‘Outdoor’) contains a pricing error.
I would like you to review the web pages and make a note of any amendments that you think
should be made to the web pages to ensure compliance with the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 and Electronic
Commerce (EC Directive) Regulations 2002. In particular, you should consider:
whether the ordering and returns processes are compliant;
when the contract is likely to be formed;
if the pricing error spotted by Karim is not corrected before the site goes live, whether
Seramica will be bound to sell the tiles in question at the advertised rate; and
the commercial functionality of the draft web pages and any improvements you think
should be made. (it’s a reflection of the legal information required and whether or not how
the website operates actually provides that to the customer.
As part of your preparation for this session, you might also find it useful to compare
Seramica’s webpages with those of an established retailer such as www.asos.com or
www.johnlewis.com
1. Is the information provided on Seramica’s web pages compliant with:
E-Commerce Regulations 2002 ?
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013 ?
E-Commerce Regulations 2002
Reg 6(1) – ISSP (Seramica S will be one of them) must make the key company and contact
information (including an e-mail address) directly and permanently available to consumers. S
hasn’t done that. They have put some company information on there. They got company
name and number and VAT number although its hard to find. But they haven’t got contact
information so that’s a serious issues.
Reg 6(2) - ISSP must ensure that all prices are clear and unambiguous and be clear whether
the prices are inclusive of taxes and delivery costs. S is kind of doing that but its not as clear
as it could be.
Reg 11(1) - ISSP must:
- acknowledge receipt of the order to the consumer without undue delay and by electronic
means and
- provide mechanism for correcting errors before placing the order.
© City, University of London 2020 2/9 docs_142764689.docx
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