Assignment:
The purpose of a contract is to create legally enforceable obligations between parties. An important purpose of a contract is to "manage risk" by requiring the party of lower risk to pay a larger percentage of the purchase price up front (the counterparty with the greatest risk) than the party of greater risk (the counterparty with the smallest percentage of the purchase price paid upfront). The clickwrap agreement is a good example of how digital contracts should be used. They give the seller the benefits of an enforceable contract, the customer the benefits of the ability to make a choice and the security of knowing they are legally protected against a lawsuit. The user has the best of all worlds in a contract.
However, there are some shortcomings to the clickwrap agreement. A clickwrap agreement may only be entered and used in a computer system, or it may be entered in a computer and printed and signed in a physical location. A clickwrap agreement that is only entered and used in a computer is not a legally enforceable contract unless it is entered and signed in a physical location, such as a physical store, and signed by a customer (Brehm& Lee, 2015).
This could be a problem because a website is a virtual place where anything can be seen and done, and not all people have physical presence to sign a contract. The use of a clickwrap agreement that is only entered and used in a computer is therefore not a valid contract in many states. In addition, there may be problems with entering and using a clickwrap agreement for some people. For example, there may be people who do not understand the term clickwrap agreement, or people who may have mental health problems that make it difficult for them to enter a contract. Although in most cases, those people are not legally protected from using a contract, it would be good to know what to expect if they do sign a clickwrap agreement. A clickwrap agreement can be confusing, because there are no physical objects to see or even touch. It can be difficult to know what the contract says and what happens if you click the box. People may feel pressured to click the box, or they may be scared of not doing so.
If the agreement is confusing to read and they do not understand what they are agreeing to, they may feel pressured or scared into signing. It is important to be aware of these possible problems and to look for potential solutions when creating a website that offers a clickwrap agreement.When a website is being designed, it is important to consider your legal responsibilities when designing the site. Some companies are more concerned with legal issues than others, but they all need to be concerned to some extent, since most of us need legal protection if they make a mistake. In the previous chapters, they discussed what people are legally responsible for when they make a website (Obar&Oeldorf-Hirsch, 2017).
References:
Brehm, A. S., & Lee, C. D. (2015). Click here to accept the terms of service. Comm. Law., 31, 4.
Obar, J. A., &Oeldorf-Hirsch, A. (2017, July). Clickwrap impact: Quick-join options and ignoring privacy and terms of service policies of social networking services. In Proceedings of the 8th International Conference on Social Media & Society (pp. 1-5).
A. When asked if you "accept the terms" of downloaded software, describe how clicking "yes" indicates you have entered into a contract. Discuss whether you have ever read these terms of use before you clicked and what the terms say. Minimum 500 words
B. Respond to one classmate's posting. Minimum 150 words.