Contract Formation over the Internet

Contract Formation over the Internet

To:Rollin Mathis, J.D.

From:

Date: October 27, 2012

Re: Contract Formation over the Internet

I.Issue

Online marketing through the use of internet has taken much importance in the Civil Code. Contracts over the internet are therefore different sort of contracts from traditional contract which took place in the presence of contractors with their signatures. A well-written online agreement and contracts clearly outlines the rights and obligations of each party and outlines the remedies that everyone can exercise in the event of a default by the other party. An online agreement also serves as a legal document between the parties and is very strong evidence.

II.Legal Framework

The internet contract can file any person who has attained 18 years of age. The contract of sale over the internet or on electronic medium is defined as a distance contract. It is a variant of distance selling contracts. This is a convention in electronic form that forms and runs without the physical presence of the parties. There are two types of online contract. The first is a contract through an exchange of emails between the two parties. The second way is the use of a form using a web interface on which the client can identify, and which will check a box that they accept the conditions of the contract which he has had access through a link. Ticking this box will value a handwritten signature. Electronic Contract is one that is made by the use of any electronic item when it has, or may have a real and direct impact on the formation of the will or the development or future performance of the agreement.

Electronic communication contracts often contain specific clauses which the traditional contracts do not contain. But the new law has limited the possibility of linking consumers over long ...