Canadian Business Law: An Analysis of E-Contracts, Risks, and Legality

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Added on  2022/11/30

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This essay provides an overview of e-contracts within the context of Canadian business law. It explores the scope of e-contracts in facilitating e-commerce, detailing the nature of agreements between parties and their legal implications. The essay examines the relevant legislation, including the Electronic Commerce Act 2000 and PIPEDA, and how these laws maintain uniformity between electronic and paper documents. It addresses key issues associated with e-contracts, such as authenticity, non-repudiation, confidentiality, and valid signatures, and their impact on businesses. Furthermore, the essay suggests risk management strategies, including merger and acquisition, KPI implementation, and effective internal control of accounting systems aligned with legal frameworks. The conclusion emphasizes the positive impact of e-contracts and relevant legislation on the growth of e-commerce businesses in Canada.
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Business law assignment-
Canadian Business Law
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Introduction
The primary purpose of the essay is to demonstrate, the scope, legality, nature and issues of the
e-contract along with it outcomes that have been taken place in Canada. In addition, the
strategies of managing the risks, including legal and business risks and the substantive law that
impact businesses will also be provided in this context.
Main context
The scope of e-contract is to enhance the rapid advancement and growth of e-commerce
procedure of the company by using the deployment of several electronic contracts. For example,
E-contracts of Canadian e-commerce firm help the electronic agent to easily interact with the
individual through the firm computer program (Chatterjee, 2017).
The nature of e-contracts is to make an agreement between the addressee who wanted to receive
the electronic record and the originator who generates, transmit the electronic message related to
the e-commerce business (Trad & Kalpić, 2019).
The legality that has been related to this e-contracts are the Electronic Commerce Act 2000, S.O.
2000, c. 17 and the Personal Information Protection and Electronic Documents Act (PIPEDA)
2004 (Malinowska, 2016). With the help of this Canadian legality, the firm maintains a
functional and operational uniformity between electronic documents and paper.
The issues that have been related to e-contracts in Canada are the authenticity problems of
identifying the contracting parties and also the non-repudiation aspect which means nobody has
the legal right to change the contract terms after it is signed by two parties (Trad & Kalpić,
2019). In addition, other issues are maintaining the confidentiality of the contract, making the
appropriate indication of the subject related to the contract and writing the valid signature that
has signed in the contract.
All these prospects are made legally by the Canadian government, which create a problem for the
e-commerce firm for maintaining their e-contracts. For example, the e-mail contract is
considered as a binding contract that can create an issue in maintaining the confidentially of the
contract because if malware detected then the hacker can easily get the information of their e-
contract (Malinowska, 2016).
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For managing risks in the organizations in Canada, it is essential for the business to apply merger
and acquisition strategies by doing proper development and research (Kelsey, 2018). It helps the
organizations to manage their business challenges. Comparing to that, it is recommended that the
companies should incorporate key performance indicator (KPI) in their business to measure their
performance results.
By following this, organizations can reduce their risks. For mitigating the business and legal
risks, effective internal control of accounting system design has been made that follow the legal
framework of the Electronic Commerce Act and Data Protection Agreement (Chatterjee, 2017).
Both this law is recommended because it provides a positive impact on business, and this should
be implemented at the time of making e-contracts. The recommended act can only provide
positive outcomes in the e-commerce business.
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Conclusion
In today's environment, technology is advancing, and this allows the business to grow
electronically in the market. Following that e-contracts are made for the companies with the help
of legal procedure. The recommended legislation help in decreasing the business issues and thus
provide a positive impact on the e-commerce company in Canada.
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References
Chatterjee, B. B. (2017). Different Space, Same Place? Feminist Perspectives on Contracts in
Cyberspace: Introduction–the need for feminist perspectives?. In Feminist Perspectives
on Contract Law (pp. 121-136).
Kelsey, J. (2018). How a TPP-Style E-commerce Outcome in the WTO would Endanger the
Development Dimension of the GATS Acquis (and Potentially the WTO). Journal of
International Economic Law, 21(2), 273-295.
Malinowska, K. (2016). Private International Law and On-Line Insurance Contracts. In The"
Dematerialized" Insurance (pp. 299-359).
Trad, A., & Kalpić, D. (2019). The Business Transformation Framework and it's Business
Engineering Law support for (e) transactions. In Advanced Methodologies and
Technologies in Business Operations and Management (pp. 230-246).
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