Agency Law in Cyberspace
The most up-to-date version of this piece can be found in the Duke Law Scholarship
This short article articulates and defends the proposition that basic doctrines within common-law agency apply readily to transactions and other encounters effected through the internet. In cyberspace, as in physical space, common-law agency specifies the circumstances under which an actor’s conduct should carry consequences for another person’s legal position unless a statute provides otherwise. Recent cases illustrate an easy translation into cyberspace of concepts that are well-developed elsewhere, including the test of whether a particular relationship amounts to one of agency and whether a person acted with actual or apparent authority to bind another.
Date of Authorship for this Version
DeMott, Deborah A., "Agency Law in Cyberspace" (2006). Duke Law School Faculty Scholarship Series. Paper 41.