Risk-e-business: A framework for legal risk management developed through an analysis of selected legal risk in Internet commerce.

摘要

The research in this thesis investigates the extent to which risk management can be used in the context of legal risk. In addition, this thesis examines the usefulness of using risk management methodology for this purpose. These issues are analysed using a two step process. The first part of this thesis involves examining risk management methodology and determining whether it can be used in the context of legal risk. The research then turns to developing a framework for legal risk management. The second part of this thesis involves evaluating the effectiveness and usefulness of the legal risk management framework developed. This is achieved by applying the legal risk management framework developed in relation to a particular commercial activity, the conduct of Internet commerce. The research demonstrates that risk management methodology can be adapted for use in the context of legal risk. Not surprisingly, the research indicates that risk management methodology is best used when its purpose is to identify, analyse and manage legal risks affecting a specific business in a systematic and consistent way. However, the research suggests that legal risk management may have wider uses, including its use as a technique for identifying areas of true legal uncertainty and areas for which law reform is required. In relation to Internet commerce, the research showed that whilst there are several contractual risks associated with Internet commerce their impact on the conduct of Internet commerce is not as great as has been previously suggested and, moreover, the effect of these risks can often be minimised if certain risk management strategies are implemented. The overall research conclusion in this thesis is that risk management can and should be used in the context of legal risk.