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Examining Jurisdictional Challenges In Cyber Commerce




Augustine Amoako, Lekubu Bernard Khotso & Mabusela Oupa, Department of Criminal and Procedural Law, College of Law, University of South Africa

ABSTRACT

The background of virtually every E-commerce law issue is the question of jurisdiction. Given the ability to operate without regard for geographic borders on the Internet, the matter of who is entitled to regulate or assert jurisdiction quickly becomes as important as what is being regulated dilemma unresolvable through traditional legal jurisdictional means and thus advocate a unique, Internet-specific solution With each passing day, e- commerce gain a greater foothold within society. It has become so much a part of mainstream commerce that businesses are now often classified alternatively as brick and mortar businesses or e-businesses. For businesses to function effectively online, contractual relationship must be established. Online contracting is clearly central to the e-commerce transaction, since without the ability to create enforceable contract online, e-commerce would grind to a halt.

Keywords: E-commerce, Jurisdiction, Law, Internet, Investigation, Privacy, cybercrime.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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