Offers Over Internet Communications

Along with popularity of making contracts via the Internet, electronic contracting is still under the procedures of offer and acceptance even under the Information and Communications Technology (ICT). An offer over Internet communications is in form of electronic communication, and transferred by electronic communication. The use of electronic communications in electronic contracting poses challenges to traditional contract law, which is established under paper-based communications. In order to promote and facilitate electronic commerce, this paper, based on reference to the Electronic Contracting Convention and foreign domestic legal systems, focuses on legal issues on offers over Internet communications as to find out legal resolutions to regulate electronic commerce contracts.The thesis consists of five parts: the introduction, three chapters, and conclusion. The introduction gives some background information, pointing out that ICT create two kinds of spaces (cyber space and physical space), two kinds of communications (paper-base communications and Internet communications), two forms of contracts (writing contracts and electronic contracts).Chapter one analyzes the content and form of offers over Internet communications and points out that this kind of offers are electronic communications. Then legal issues raised by electronic communications are summarized. The following two chapters deal with these issues.Chapter two deals with general issues that raised by offers over Internet communications. These issues include identification of offeror, deficiency of intention manifestation, validity of an offer, and revocation of an offer.Chapter three compares offer with invitation to offer, acceptance and acknowledgement of receipt, and draws principles and rules to discern the three kinds of electronic communications.In conclusion part, this thesis provides general resolutions to legal issues raised by electronic contracts, and offers suggestions on China domestic electronic contracts regulations in the future.