Legal Issue Of Contract Law And Evidence In Ecommerce
The IT revolution in the past few years has taken the whole world by storm, at the forefront of which is the Internet an its various applications. It has become a major player in the business world today and the revenue generated through commercial websites sums up to almost 87 billion dollars per anum on an average.The rise in Ecommerce has given rise to crimes on the internet as well, ranging from piracy, theft, fraud and misrepresentation. This steep rise in electronic crimes has provoked lawmakers to create laws in order to protect the consumers and companies on the internet so that Ecommerce may prosper and grow. This paper discusses the legal issue of “Contract Law and Evidence” in Ecommerce. The general principles include that the parties must intend to form a contract, must show that intention in a way that would normally be understood as forming a contract by the parties and by anyone observing the parties, and there must be agreement on the essential terms of the contract 1. A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a contract.
• Specify that the vendor reserves the right to change terms upon some notice period. If the user does not agree to the changes, he may terminate the agreement at that time and leave the virtual store before the change takes effect. Each time there is a change, all users should be notified in a manner that will have the greatest probability of reaching them, such as a combination of e-mail, opening-screen bulletins and voice messages. It is necessary that the parties agree as to the way they will deem that a communication was dispatched and received. An on-line vendor, like any other vendor, is responsible for the collection of sales and use tax. The duty to collect and pay taxes in a particular state depends on the extent of contacts with that state. Because states are starved for revenue, this threshold keeps being lowered. The on-line situation is similar to current mail order business. Transactions within the seller's state are subject to sales tax. The vendor may have a duty to collect use tax on sales outside the state if the contacts with the state meet a minimum threshold. A vendor should include language in its on-line contracts such as the following: "You are responsible for paying any sales or use tax imposed at any time whatsoever on this transaction." This provision advises buyers that their purchase price may include sales or use tax. It does not, however, shift the burden from the vendor to collect the tax if the vendor is required to do so by state tax authorities
Some topics in this essay:
Contract Formation,
Acme On-line,
Tax Liability,
Signature Method,
Software Organisations,
Internal Recent,
,
Entire Agreement,
Licensing Software,
ISP ISPs,
sales tax,
method signature,
electronic communication,
system communication,
contract terms,
security breaches,
communication dispatched,
information system,
communication received,
contract sale,
sent web site,
information system designated,
system communication received,
repudiation = party,
• require user,
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Approximate Word count = 2066
Approximate Pages = 8 (250 words per page double spaced)
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