What are various methods of accepting an offer online?

Résumé du document

E-Commerce is typically about profit. The expansion of E-commerce involves an element of risk. "Selling on the Internet or through the World Wide Web is similar to selling in the real world ". However, E-contracts have raised many issues such as the validity of electronic transactions, where a law requires a person to give assent and information in writing, validity of digital signatures, production of documents, retention of information and documents, time and place of dispatch and receipt of electronic communications, and even more. The offer acceptance raises many issues and it is the most disputable point on which conflict of laws presents different results by different jurisdictions and it raises the following questions: What is the best method of accepting an offer online? To improve trust and confidence, "many international organizations have proposed treaties, model laws and protocols to encourage certainty and stability for these international electronic commercial practices and in relation to laws of contract ". Taking into consideration this official documentation, this paper addresses the various methods of accepting an offer online while explaining why some methods will be regarded as more legally effective than others, considering legal certainty and business efficacy.

Extraits

[...] Is this fair practice? In the case of Ticketmaster Corp v Tickets.com, Inc[21], the court rejected the proof of assent given by the fact that it was not required to check an agree" box. Indeed, Ticketmaster.com had put a notice on its website saying that terms and conditions were applicable to anyone going deeper into the website. But in 2003, the position was revised and the court declared: contract can be formed by proceeding into the interior web pages after knowledge of the conditions accepted when doing In 2000, the case of Pollstar v. [...]

[...] The website posted a short statement of conditions that concluded with the following: "By submitting this query, you agree to abide by these terms". Verio complained against the fact that by submitting the query, he was assenting the contract terms. However the court disagreed by saying: in light of this sentence at the end of Register.com's terms of use, there can be no question that by proceeding to submit a WHOIS query, Verio manifested its assent to be bound by Register.com's term of use . [...]

[...] See, Michael M. SAX, January 2000, Buying and Selling Goods Over the Internet, viewed 26 August 2008, www.saxlaw.com D.Mass F. Supp.2d 328, see http://pacer.mad.uscourts.gov/dc/opinions/young/pdf/ilan%20systems.pdf Uniform Commercial Code Article 2 - Part 2 - 204, Form, Formation and Readjustment of Contract, http://www.law.cornell.edu/ucc/2/2- 204.html D.Mass F. Supp.2d 328, see http://www.pacer.mad.uscourts.gov/dc/opinions/young/pdf/ilan%20systems.pdf [1996] 7th Cir F.3d 1447 [13]Ibid (M.D. Fla. 2002) 248 F. Supp. 2d 1140 [2002] 2nd Cir F.3d see http://www.findarticles.com/p/articles/mi_m0CWC/is_2_11/ai_n25007139/pg_1 Ibid Ibid Christina L. Kunz, Heather Thayer, Maureen F. [...]

[...] Del Duca, and Jennifer Debrow1, January 2003, Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent, viewed 1 October 2008, http://www.abanet.org/intlaw/hubs/programs/Spring0320.pdf Alan Davidson chapter Shrink-wrap, Clickrap and Browsewrap contracts, P3. Christina L. Kunz, Heather Thayer, Maureen F. Del Duca, and Jennifer Debrow1, January 2003, Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent, viewed 1 October 2008, www.abanet.org/intlaw/hubs/programs/Spring0320.pdf [2000] U.S. Dist. LEXIS 12987 (C.D. Cal. Aug 2000) Ibid [2000] 170 F. Supp. [...]

[...] What are various methods of accepting an offer online? “What are various methods of accepting an offer online? Explain why some methods will be regarded as more legally effective than others? In your answer, consider a balance between legal certainty and business efficacy.” Introduction E-Commerce is typically about profit. The expansion of E-commerce involves an element of risk. Risk Management in E-commerce considers many factors such as the span of the market, the different state jurisdictions, the conflict of laws, the law of contracts, the entities (parties), the goods or services and legal forum. [...]