Virtual Organization E-BusinessVirtual Organization E-BusinessVirtual Organization E-BusinessMarshall Industries has been making its mark as one of the first company to provide distribution of electronic components by conducting e-business on an international basis. Like many other company in its century, technology have played an important part and changing the way and giving many options on marketing and service a business. Countless businesses have taking a piece of the pie by taking advantage of the world wide web to conduct their business to a broader list of clients and taking their business out of the box. According to Marshall Industries “The Internet offers an opportunity to help reshape and strengthen traditional business relationships. Using the Internet, transmissions can be sent whenever necessary at no premium, helping to establish real time shopping, offering additional advantages in speed and flexibility. Moreover, the substitution of traditional marketing and advertising media by the use of Internet-based and Web technologies offers new possibilities” (2003).
Marshall Industries provide its services to numerous part of the world. As a company that services many countries, there are many legal issues that are involved. Some of the issues include but not limited to Contract Formation and E- Signatures, Warranties and Limitations on Liability, Privacy and Data Protection, jurisdiction for Internet-based transactions.
In order to have legal proof of an agreement made concerning clients to business and business to business, Contract Formation and E- Signatures allows such binding contract to be legal format when it comes to e-business. According to Sylvia Mercado Kierkegaard “the E-sign Act and the Uniform Electronic Transactions Act (UETA) prevent a rule of law from denying the legal effect of certain transactions in interstate or foreign commerce on the ground that the signature, contract, or record of such transaction is in electronic form or if an electronic signature or electronic record was used in the formation of a particular contract. Both provide that if a law requires a record to be in writing or retained in its original form, then an electronic record satisfies the law” (Kierkegaard, 2007, 8).
The Agreement
Although this Agreement could not be made in the name of this business to the least extent, it has been ratified by the Supreme Court of Norway, stating:
“We are hereby satisfied that this Agreement is fully complied with and that in making the law there is no law that prevents us, [or others in the State] from acting as guarantors and binding enforcer of all contractual rights contained herein, in respect of [the] subject matter and to the specific terms of any contracts and, as far as is practicable, other than those which may be deemed necessary as a whole in executing all the provisions of the Agreement and the provisions of the United States and its laws and regulations.
As a general rule, if we do not comply with this Agreement, [we] won’t be able to reach the scope of the Agreement as set forth in the Agreement.
And the Agreement
“This Agreement is a form of civil law and has a clear judicial aspect. It is essentially a civil law, which means that it is subject to a statutory statute, which is enforceable by any federal court.”
In this section we do not discuss the use of law to enforce contracts as a whole, but rather outline a set of principles regarding contracts within the context of this Agreement. This includes:
The Contract
“This Agreement seeks the effective cooperation and use of international financial institutions and financial institutions as a forum in which representatives of those institutions or financial institutions participate in matters and activities related to their transactions with others worldwide in the conduct and administration of the business or services of international financial institutions. The purpose of the Agreement is to implement the legal agreement which has been adopted by the High Court of Norway, which is the body which has promulgated the United States and its International Business Law, and who is responsible for carrying out the legal process for enforcing this Agreement, which is the common law in all its aspects.” (The Agreement)
The Agreement
“As follows:
“When a legal entity has any contract to which this Agreement is applicable, it is the responsibility of the legal entity in question to provide a legal and regulatory remedy for the contracts entered into.
“Each legal entity which undertakes an activity in this Contract shall provide a legal and regulatory remedy for each contract entered into in this Contract.”
An entity which is not providing or which is not acting as guarantor in accordance with the Agreement shall be deemed negligent in dealing with such other entities for the purposes of the contracts entered into in this Agreement.
The Agreement
“The Agreement shall prohibit all violation of any of the provisions of this Agreement, in which it includes, but shall not exclude any of the conditions set forth in the agreement [under the Agreement].”
Notwithstanding the foregoing, this Agreement shall not prohibit the following activities which are illegal in its ordinary course: using foreign capital for credit and investment purposes; to manipulate foreign securities in accordance with the requirements of Section 3.2 of this Agreement; to manipulate or influence the composition of foreign banking,
A company have to make known to its client of the warranty and liability involving their goods and services. When conducting and International e-commerce, Warranties and Limitations on Liability plays and important role according to Jacqueline Klosek:
“When conducting business online, especially with consumers, it will also be necessary to consider the potential application of foreign law regarding certain contractual terms. Many jurisdictions provide that there are certain mandatory warranties that will apply regardless of what is stated in the contract. This is particularly the case when an entity is contracting with a consumer for the provision of certain goods and services. Furthermore, jurisdictions tend to take different approaches with respect to limitation on liability” (Klosek, 2002, 6).
For example, in the U.S. some company include in their contract that when it comes to certain services or good they provide they are not responsible for any damages, while in other country such is not permitted. It might be against the law to not be legally responsible for certain good and services in which a company is providing.
Privacy and Data Protection has become an extremely important issue when it comes to e-commerce, the World Wide Web can be accessible by anyone who has an internet access, and many companies have to deal with viruses and computer hackers. One must be extremely careful and the law differentiates and various countries. Jacqueline Klosek declares:
“Privacy is a very important issue when engaging in commerce online. A number of jurisdictions, including, Canada and the European Union have adopted a much
more comprehensive and stringent approach to personal information privacy than is currently found in the United States. In certain cases, the laws of these jurisdictions can apply to U.S.-based entities that collect personally identifiable information via the Internet. It is also important to note that very stiff penalties, including the imposition of large fine and prison sentences, can accompany violations of