EXAMINING THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR BREACH OF CONTRACTUAL OBLIGATION IN E-COMMERCE

ABSTRACT

This work discusses the influence of internet service providers in online contracting and generally in cyber space. This work discovers that internet service providers bear a lot of liabilities and rights in respect to the outcome of contract formation and in respect to their action and activities online. Some of the findings here include that Internet service providers have gone beyond the general meaning and are now perceived further dues to their roles as intermediaries. It also discovers that placing liability solely on the user of the internet or seller of goods or parties other than the internet service provider will not do justice to the foundation upon which such contractual relationship exists in the first place rests on the linkage with the ISPs in question. This work also discovers the fundamental roles that various legislative frameworks; plays in the administration of internet service providers in Nigeria. Some of the problem discovered is that without the presence of the ISPs in an online contract, such contracts will not be possible. Also, this work discovers the inadequacies of the Nigerian legal framework in relation to online contracting and internet service providers as well as the inadequacy in the present existing legislations. This work recommends that in order to ensure a healthy and viable contract formation where rights and liabilities are equally distributed; the government should use other countries as a yardstick as well as international treaties to develop and amend laws to meet the problems that arise in cyberspace.