BL-Chapt19 - Print Chapter Page 1 of 23 E-Contracts and...

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E-Contracts and E-Signatures Chapter Introduction 19-1 Online Contract Formation 19-1a Online Offers 19-1b Online Acceptances 19-2 E-Signatures 19-2a E-Signature Technologies 19-2b State Laws Governing E-Signatures 19-2c Federal Law on E-Signatures and E-Documents 19-2d Partnering Agreements 19-3 The Uniform Electronic Transactions Act 19-3a The Scope and Applicability of the UETA 19-3b The Federal E-SIGN Act and the UETA 19-3c Highlights of the UETA Chapter Recap Page 1 of 23 Print Chapter 2010-8-30 ..
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Chapter Introduction The basic principles of contract law that were covered in previous chapters evolved over an extended period of time. Certainly, they were formed long before cyberspace and electronic contracting became realities. Therefore, new legal theories, new adaptations of existing laws, and new laws are needed to govern e-contracts , or contracts entered into electronically. To date, however, most courts have adapted traditional contract law principles and, when applicable, provisions of the Uniform Commercial Code (UCC) to cases involving e-contract disputes. Although an e-contract has the same basic requirements to be valid–agreement, consideration, capacity, and legality–certain aspects of forming e-contracts are unique, such as the method by which the offer and acceptance are communicated. In the first part of this chapter, we look at how traditional laws are being applied to contracts formed online. We then examine some new laws that have been enacted to apply in situations that are not readily encompassed by the traditional laws governing contracts. For example, traditional laws governing signature and writing requirements are not easily adapted to contracts formed in the online environment. Thus, new laws have been created to address these issues. Page 2 of 23 Print Chapter 2010-8-30 ..
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19-1 19-1a Online Contract Formation Ask the Instructor Video: E-Contracts: Agreeing Online: When I'm online and I click on a button the says "I ACCEPT", are all of those terms actually enforceable against me, even if I didn't read them? Online Offers Displaying the Offer Case 19.1: Feldman v. Google, Inc. United States District Court, Eastern District of Pennsylvania, 2007. 513 F.Supp.2d 229. Today, numerous contracts are being formed online. Although these contracts are being generated through a new medium, the age-old problems attending contract formation still exist. Disputes concerning contracts formed online continue to center around contract terms and whether the parties voluntarily assented to those terms. Note that online contracts may be formed not only for the sale of goods and services but also for the purpose of
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.

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BL-Chapt19 - Print Chapter Page 1 of 23 E-Contracts and...

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