Uploaded on

E contracts busines law

E contracts busines law

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
548
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
19
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. E-Contracts
  • 2. Introduction
    • Most courts find E-Contracts involve basic principles of contract law, applied in the online context.
  • 3. §1: Online Contract Formation
    • Online Offers should include:
      • Remedies for Buyer.
      • Statute of Limitations.
      • What constitutes Buyer’s acceptance.
      • Method of Payment.
      • Seller’s Refund and Return Policies.
      • Disclaimers of Liability.
      • How Seller will Use Buyer’s Information (Privacy).
  • 4. Online Contract Formation
    • Dispute Settlement Provisions.
      • Choice of Law.
      • Choice of Forum.
      • E-Bay uses online dispute resolution.
    • Displaying the Offer (via hyperlink).
    • How Offer Will Be Accepted.
      • Amazon.com--Checkout.
      • “ I Accept” Button to Click.
  • 5. Online Acceptances
    • Click-on Agreements.
    • Shrink-Wrap Agreements.
      • Contract terms are inside the box.
      • Party opening box agrees to terms by keeping merchandise.
    • Enforceable Contract Terms. (UCC 2-204).
    • Additional Terms.
      • Case 18.1: Klocek v. Gateway Inc. (2000).
  • 6. Online Acceptances
    • Click-On Agreements occur when Buyer “checks out” or clicks on “I Accept” button on Seller’s website or when software is installed.
      • Case 18.2: i.LAN Systems Inc. v. NetScout Service Level Corp. (2002).
    • Browse-Wrap Terms.
      • Case 18.3: Specht v. Netscape Communications (2002).
  • 7. § 2: E-Signatures
    • E-Signature Technologies.
      • Asymmetric Cryptosystem.
      • Cyber Notary.
    • State Law Governing E-Signatures.
      • Uniform Electronic Transactions Act (1999).
    • Federal Law.
      • E-SIGN (2000) gives e-signatures and e-documents legal force.
  • 8. §3: Partnering Agreements
    • Sellers and Buyers agree as to protocols to create online agreements.
    • Useful for electronic inventory (Just In Time) ordering of parts and supplies.
  • 9. § 4: UETA
    • Purpose is to remove barriers to forming electronic commerce.
    • E-Signature is “electronic sound, symbol or process…associated with a record and… adopted by a person with intent to sign the record.”
    • UETA applies only to e-records and e-signatures relating to a transaction.
  • 10. UETA and E-SIGN
    • E-SIGN explicitly refers to UETA.
    • Provides that E-SIGN is pre-empted by state passing of UETA.
    • But state law must conform to minimum E-SIGN procedures.
  • 11. Highlights of UETA
    • Parties must agree to Conduct Transactions Electronically.
      • A party can “opt out” of UETA terms.
    • Attribution—process to ensure person sending an electronic record is in fact the real person.
    • Electronic Errors.
    • “ E-Mailbox” Rules.
      • Dispatched when leaves control of sender.
      • Received when enters recipient’s processing system.
  • 12. § 5: UCITA
    • Applies to computer information.
    • Software is not a “good” but intellectual property.
    • Software is licensed, not sold;
    • License contract gives Buyer (Licensee) only specific rights.
    • Attribution and Authentication.
    • Mass Market Licenses.