Cyberspace Jurisdiction and Dispute Resolution

Question: Explain the concepts of “fairness”, “unconscionability” and “public policy” as they relate to
court jurisdiction in business-to-consumer e-commerce contracts, both from an EU and US
perspective, citing relevant laws and caselaw

Citation: Oscola referencing. Use footnotes

Word Count: Please note that the footnotes/referencing should not count towards the total word count of 1375 words.

Structure:
Introduction – The introduction should be short given the limited word count and should briefly explain the subject matter and structure of the answer to follow such as the main or sub-themes involved.
Main Body – The importance of the subject may be reviewed either in the introduction or at the beginning of the development section. Some background historical or more theoretical information may be provided in a short opening section. The issues raised and relevant law should then be explained in further detail. Relevant arguments should then be raised. This can simply be in terms of the advantages and disadvantages, or positive and negative aspects of each issue or possible solution. Insofar as possible, solutions or reconciliations should be included, and in the case that no final perfect answer is available, it should be clearly stated and properly explained why this is the case.
Conclusions – This should be used to refer to possibly other areas of enquiry, concern or future development. It should also summarize the main arguments before proving appropriate conclusions and closing comments.

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