o7. Dispute resolutionDISPUTE-SETTLEMENT PROVISIONS:Online offers frequently include provisions relating to dispute settlement--offer might include an arbitration clause specifying that any dispute arising under the contract will be arbitrated in a designated forumoforum- selection clause:help to ensure that the seller will not be required to appear in court in a distant state.CLICK-ON AGREEMENTS:binding contract can be created by conduct, including the act of clicking on a box indicating “I accept” or “I agree” to accept anonline offerodoes not require that the parties have read all of the terms in a contract forit to be effective.SHRINK-WRAPAGREEMENTS: the terms are expressed inside the box in which the goods are packaged-the party who opens the box is told that she or heagrees to the terms by keeping whatever is in the box.E-signature: electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with inten to sign the recordo2 categories: digitized handwritten and public key infrastructure based signatureoSome states recognize only digital signatures as valid, while others permit additional types of e-signaturesoUniform State Laws and the American Law Institute promulgated the Uniform Electronic Transactions Act (UETA)—states that a signature may not be denied legal effect or enforceability solely because it is in electronicformoIn 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 21 which provides that no contract, record, or signature may be “denied legal effect” solely because it is in electronic form.oFor an e-signature to be enforceable, the contracting parties must have agreed to use electronic signaturesoFor an electronic document to be valid, it must be in a form that can be retained and accurately reproduced.The E-SIGN Act excludes court papers, divorce decrees, evictions, foreclosures, health-insurance terminations, prenuptial agreements,and wills.oThe UETA encourages, but does not require, the use of security procedures (such as encryption) to verify changes to electronic documentsand to correct errors.a party must promptly notify the other party of the error and of her or his intent not to be bound by the error.
oAn electronic record is considered received when it enters the recipient’s processing system in a readable form—even if no individual is aware of itsreceipt.
You've reached the end of your free preview.
Want to read all 9 pages?
- Fall '08
- Business Law Outlines