The formation of a contract is an agreement of individual, business or any other entity that has been made between two parties and there is an exchange of something given or done by one party. There are 2 types of contracts, unilateral contract A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer There are four elements that are needed to make a contract valid. The first; the offer made by one part must be accepted by another party. Second; consideration which means that each party must either give or receive something of value. Third, each party must have the capacity to understand the terms and conditions
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The internet essay on contracts almost impossible to navigate without the existence on online-based contracts. Consequently, various types of businesses can be conducted online where legally binding contracts are affected. Essay on contracts is no difference between the contracts that are made online and the ones that are made face-to-face. On the other hand, the legal provisions that govern contracts that are made via internet devices are not different from that of traditional contracts. Nevertheless, it is important to note that the finer details that apply to online are still under development. It is possible that in future the details that apply to online contracts will be different from those of physical agreements.
On most occasions, click-wrap agreements require a physical action from internet users. This paper is about the different forms of contracts being used in the internet. The main goal in click-wrap agreements is to place emphasis on the fact that an internet user has affirmatively acknowledged the terms of a certain service. In cases where click-wrap agreements are used, the action of clicking or checking a box passes as confirmation that a user has consented to a set of terms and conditions. Click-wrap agreements work under the assumption that the user has had the chance to review the terms and condition before clicking on a button. The obligation of the internet merchants is not to ensure that users read their terms and conditions. A click-wrap agreement does not necessarily depend on whether an internet user clicks on a button.
Nevertheless, most legal provisions require websites to have conspicuous instructions that inform a user to read the terms of service and at the same time inform the users the consequences of the click-wrap agreement. There are various conditions that fulfill legal contractual obligations as far as click-wrap agreements are concerned. All these conditions apply to the contract between an internet user and a service provider and they should accomplish certain tasks. The institution of the click-wrap button should also give internet users the opportunity to read and navigate through all the presented terms of service.
The terms that apply to the click-wrap agreement should also provide an internet user with essay on contracts opportunity to transform the contractual stipulations into physical form as either a soft-copy or a print out document. A viable click-wrap agreement should also present users with the opportunity to decline the terms and conditions of a contract. Unlike click-wrap agreements, browse-wrap contracts are often accompanied by mild legal controversies. Browser-wrap agreements do not require internet users to perform any affirmative action such as clicking on a button.
Consequently, browser-wrap agreements are mostly passive because their participants do not require any form of definitive acknowledgement. Instead, both parties in a browse-wrap contract work under assumptions. The institution of browser-wrap agreements has often been shaky because internet users are often surprised by these passive contracts. Consequently, most legal bodies contend that browser-wrap agreements are unfair in the sense that their terms of service are not explicit to internet users. The legality of browse-wrap agreements is often exacerbated by the fact that some websites fail to include a link that ushers users to a list with terms of service.
Furthermore, some websites might fail to place their terms of service in a place where they are visible to internet users. Past conflicts involving browse-wrap contracts have indicated that the enforceability of these agreements largely depends on whether the terms of service were conspicuous to internet users. Other features that make browse-wrap contracts controversial include the fact that these forms of agreements lack the element of negotiation. Browse-wrap contracts are also undermined by the fact that there is usually no record to indicate whether an internet user provided informed consent. In the past, courts have appeared to favor businesses as opposed to individuals when it comes to the enforcement of click-wrap agreements.
In the history of online contracts, there have been defining instances when their legality was put under scrutiny. An example where online contracts were challenged includes essay on contracts court case involving Specht v. Netscape Communications. In this court case, essay on contracts, Netscape was challenged for issuing its clients with inconspicuous terms of service Davis, Consequently, users could download software before reviewing the terms essay on contracts conditions of their actions, essay on contracts. In the court ruling, the judge upheld that the customers encountered the download button before they saw the terms of service. Consequently, the online contract between Netscape and its clients essay on contracts not legally binding, essay on contracts.
In another court case pitting Forrest against Verizon Communications, the court upheld the validity of click-wrap contracts. In this case, the complainant had pointed out that only a small portion of the terms of service was visible and he was required to scroll in order to access the rest of information. However, the judge maintained that all contracts require the due diligence of the parties and while Verizon did its part, the complainant did not. The validity of online contracts is similar to that essay on contracts any other agreements and it essay on contracts on simple stipulations.
Click-wrap agreements are the most enforceable forms of online contracts. On the other hand, browse-wrap agreements are rarely used in scenarios that require higher levels of business conduct. The issues surrounding the validity of internet contracts are still under development and it will take time for them to become part of mainstream business activities. However, it is important to note that both click-wrap and browse-wrap agreements are part of a changing business environment. Casamiquela, R, essay on contracts. Contractual Assent and Enforceability: Cyberspace. Berkeley Tech. Davidson, D. Click and Commit: What Terms are Users Bound to When They Enter Web Sites. Mitchell L, essay on contracts. Davis, N. Presumed assent: The judicial acceptance of clickwrap.
Femminella, J. Online Terms essay on contracts Conditions Agreements: Bound by the Web. Legal Comment. Kunz, Essay on contracts. Click-through agreements: Strategies for avoiding disputes on validity of assent. The Business Lawyer 7 3 Moringiello, J. Signals, essay on contracts, assent and internet contracting. Rutgers Law Review57 13 Need a custom Essay sample written from scratch by professional specifically for you? certified writers online. Internet Contracts Overview and Analysis. Table of Contents. Introduction Click-Wrap Agreements Browse-wrap Agreements Applications of Internet Contracts Conclusion References. Learn More. We will write a custom Essay on Internet Contracts Overview and Analysis specifically for you!
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The formation of a contract is an agreement of individual, business or any other entity that has been made between two parties and there is an exchange of something given or done by one party. There are 2 types of contracts, unilateral contract 2 days ago · We will write a custom Essay on Internet Contracts Overview and Analysis specifically for you for only $ $11/page. certified writers online. Learn More. Introduction. The internet is almost impossible to navigate without the existence on online-based contracts. Consequently, various types of businesses can be conducted online where There are four elements that are needed to make a contract valid. The first; the offer made by one part must be accepted by another party. Second; consideration which means that each party must either give or receive something of value. Third, each party must have the capacity to understand the terms and conditions
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