Trade Secrets

• Book ID: 104321409
• Publisher: Elsevier Science
• Year: 2000
• Tongue: English
• Weight: 33 KB
• Volume: 16
• Category: Article
• ISSN: 0267-3649
• DOI: 10.1016/s0267-3649(00)06015-5

✦ Synopsis

BaaN of DMA's training course.The fact that the parties acted in a way which was consistent with there being a concluded contract in existence added weight to the suggestion that the parties believed there to be a concluded contract. 4. All the matters raised in negotiation had been adequately dealt with so that there was an offer which had been unequivocally accepted.

The judgment was limited to whether or not there was a binding contract in place.The judge was not required to deal with the consequences of that decision. The Judge did raise (but left unanswered) the question as to whether, if he had decided that there was no binding contract, DMA had claims in restitution or tort to recover from BaaN's abortive expenditure which it had laid out in anticipation in becoming BaaN's contractually appointed provider of training. The judge did say that these could raise "very difficult"questions of law, thus not entirely ruling out the possibility.

CONCLUSION

This case confirms the importance of negotiating subject to final form contract. It is clear that if the parties are able to agree and do agree the crucial terms of the agreement between them the courts may find that a contract exists between them. Whilst specific performance of the contract can be requested, this is only likely to be awarded when damages is not an adequate remedy and, therefore, the party in breach of the contract will be liable in damages.

K Ki it t B Bu ur rd de en n, , Report Correspondent, Partner, Barlow Lyde and Gilbert.

BOOK REVIEW IT Law

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This book is concerned with the legal implications of certain aspects of information technology within the European Union. Its rationale is the rise of the European Union as a source of power and influence and, within that, the rise of technology, including the Internet, which together will fundamentally change the lives of all Europeans.The authors suggest that European regulation of E-commerce technology and intellectual property is far advanced. As a result, they do not approach European law from an international law standpoint but prefer instead to look at developments from a domestic or national point of view.There are four sections to the work. Part one looks at intellectual property, with several chapters devoted to copyright issues and others dealing with trademarks and domain names, patents and semi-conductor products. The second section looks at E-commerce issues, including European policy on E-commerce, online contracts, consumer protection law and jurisdiction. Part three looks at EU policy towards computer misuse, and part four examines data protection. Appendices include the EC recommendation on electronic data interchange agreements and a table of national legislation implementing European Union directives.

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