ABSTRACT
Any sale at a distance involves risks which are not present in face to face sales, and these risks are probably increased in the electronic marketplace. From the seller's viewpoint, the obvious risk is that the buyer either cannot or will not pay. Commercial sellers usually avoid this risk by requiring payment, typically by credit or debit card, before despatching the goods, services or other product. The Internet commerce is quite prone to fraud but, apart from fraud, there is also the risk of poor performance by the supplier, in the absence of fraud. The Consumer Credit Act 1974 was not, of course, aimed at Internet transactions. However, many Internet transactions involve some kind of credit, even if nothing more than a credit card. Like s 83 of the UK Consumer Credit Act, Art 8 of the Directive protects consumers against fraud by others, including the sham merchant.
