This technological Improvement has brought faster means of conducting business transactions, different from that of paper transactions as the steps that are necessary to conclude and form an e-contract is different and may be considered more technical than usual traditional contracts.E-contracts are contracts that are executed and enacted by a software system in the sense that they are not concluded by face to face communications i.e.Also, for security reasons most web servers are kept geographically separate from the physical undertaking.Tags: How Much Should I Pay Someone To Write My EssayEssay Assignments For Middle SchoolDissertation Random SamplingBusiness Plan For Financial AdvisorProposal For DissertationInternational Political Economy DissertationCompare Contrast Essay About MusicGuests Of The Sheik Essays
In e-contracts there is usually a dilemma sometimes as to when an offer is said to be made and when an acceptance has been communicated back to the offeror, there are also issues as to whether the website advertisement is an ‘invitation to treat” or an offer .
In the case of online contracts is it when the supplier advertises their products on a website this is called an invitation to treat it when the consumer goes ahead to place an order that an offer is said to have been made to the supplier and if the supplier accepts the order having in mind that he can decide not to accept the order, There by showing that an intention to create a legal relation exist between the two parties to a contract, the supplier then goes ahead to provide the consumer with the necessary steps that are needed to conclude the contract such as the languages used to conclude the contract, the terms and conditions of the contract, the technical means the site uses to allow consumers to spot and correct errors made while imputing their details prior to the order being placed and so on.
There are three common ways in which e-contracts are formed which are by exchange of emails and attachments, by ordering on-line for goods which were advertised in a website and by EDI network exchange.
For a contract to be said to have come into existence, an offer has to be made by the ‘offeror or supplier” to “offeree or consumer” and an acceptance has to communicated back to the offeror before a contract can be said to have come into place.
In this essay recourse will be made to the various steps that are necessary for the formation of a distance contract, the various prior information that is required to be given by the supplier to a consumer by various laws, the issue of domain names, the issue of whether the subject matter of the contract is one of goods or services and what the law provides, the issues of performance in a contract such as part- performance and the consequences of non performance by parties to the contract in relation to services that a consumer is entitled to such as delivery services, maintenance services, refund, the rights and duties of both parties to a contract, remedies that are available to the consumer in the case of disputes that may arise, different requirements of an information service provider in relation to distance contracts and the provisions of information society services.
It is also inevitable that in distance contracts, disputes are likely to arise as a result of the fact that such contracts are concluded by electronic means which are not completely efficient as they have their disadvantages, the issue of conflict of laws and jurisdiction tends to arise in the sense that either party will want to enforce the law that will give more redress to them.
It is also a known fact that where there are disputes, there must be certain laws that provide solutions to these problems.
Article 2 s.s (2) defined a ‘distance contract” as any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service -provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded” The dispute between John (‘consumer”) and e-Toys4(“supplier”) is without a doubt a distance contract which was concluded online because there was the placement of an order for some goods and services and an acceptance of the order because there was part performance on the side of the supplier which involved the delivery of some of the goods to John and the non-delivery of some goods which is the subject matter of the contract and the issue in contemplation in this scenario.
It also provides me with education through sites that have been developed either by companies or people such as college professors that provide you with the information you wish to gain. I believe it is good if you use the internet I ways which I have previously stated.
I believe it is bad for reasons such as hackers breaking in to people's personal information and corrupting computers with tools such as viruses.