Global Legal Issues Of Online Contracts

Posted by Sohail Khatri  |  at  10:05 PM No comments

Global Legal Issues Of Online Contracts are Discussing In the physical world three elements must be satisfied in order to make a valid contract, namely, offer, acceptance and consideration. The same three elements must also be present in case of a valid online contract. An offer is a commitment with certain terms made to another party such as willingness to buy or sell certain product.
A contract is formed when a party accepts the offer of another party for consideration. Consideration is the agreed exchange of something valuable for both the parties such as money, property or services. For example, Mr. ‘A’ offers to buy a basket of apples for Rs. 200, which is accepted by Mr. ‘B’ and thus a lawful contract comes into existence between them. Here,Online Contracts consideration for Mr. ‘A’ is the basket of apples he is getting, and for Mr. ‘B’, Rs. 200 in exchange of his apples. In most cases when you click ‘I accept’ or ‘I agree’ button on a web page, it indicates your acceptance to the terms of a certain offer, and this can give rise to a lawfully binding contract (also known as a click wrap agreement).
It is not necessary to have a written Online Contracts in Legal Issues.
Online Contracts
The Online Contracts can be made orally or by conduct or through correspondence. So, offers and acceptances can occur in the cyberspace when parties exchange email messages, engage in EDI, fill out web forms or download a web page. An offer can be revoked as long as no payment, delivery of service or other consideration has been accepted. Note where a seller advertises goods for sale on a web site, it is not making an offer but is inviting offers from potential buyers. Normally, by looking at a web ad, the buyer can send an order, which in fact is an offer the seller can accept, to form a Online Contracts. If the seller cannot supply the ordered items it has an option to reject the offer or make a counter offer. Then the buyer has the option to accept or reject the counter Offer and Acceptance Offer and Acceptance
In online environment acceptances may be issued by an impostor/cheater that does not have authority to bind the online business. To overcome this problem companies and individuals can use digital signatures to establish identity in online transactions.
It is particularly desirable that where a Online Contracts is of significant amount, parties should require each other to use digital signatures to establish identity and to confirm that person making an acceptance has the authority to bind the company. Where due to the failure of a company to protect the passwords stored with it, an impostor is able to enter company’s system and accept an offer Global Legal Issues; a court might find such negligent company to be responsible for the breach of a contract. In such circumstances the company may be directed to fulfill the terms of the Online Contracts or pay compensation to the aggrieved party.

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