Understanding contract law and how to form contracts on the internet

Theoretical issues[ edit ] There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. If the DLT behind a blockchain implementation allows for a legitimacy that somehow supersedes this institutional interpretation, then this audience could shift beneficially to the parties who write them or negatively to solely the machines that read, interpret, or store them.

As a practical matter, any merchant desiring to set up an electronic contracting scheme, including online credit card payment capability, can do so readily. Yet, under new laws, such as the Nevada Senate Bill No. Some of the specific features of smart contracts such as their automation also contribute to this discussion.

Such terms might be seen as unjust if they allow the seller to avoid all liability or unilaterally modify terms or terminate the contract.

Inlegal scholar Ronald C. Requiring the purchaser to type "I accept" in a box is better than stating, "hit any key to accept. On the other hand, there is the potential for inefficient, and even unjust, terms to be accepted by signatories to these contracts. Common business contracts include employment agreement, purchase orders, bills of sale, and partnerships with other businesses.

They might be inefficient if they place the risk of a negative outcome, such as defective manufacturing, on the buyer who is not in the best position to take precautions. At the most basic level, it provides that an electronic signature is valid for most documents although not for wills or for documents of title as to which a paper original is required to exist.

Generally[ edit ] Standard form contracts are generally enforceable in the United States.

Understanding Business and Personal Law, Student Edition

Courts have accepted telegraph communications as a writing, even though the written piece of paper generated at the receiving end of the telegraph line was not the same piece of paper handed to the operator by the sender.

It is a general principle of contract law that a party can be bound by the acts of agents endowed with apparent authority to act on its behalf. It already seems that smart contracts, although initially disassociated with their contract predecessors, are still being provided the same affordances and power as legal contracts De Filippi and Wright, and should be monitored as such so that the same types of inequities are not codified into this new technology.

Unconscionability in standard form contracts usually arises where there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them.

Standard form contract

Procedural and substantive unconscionability exist on a sliding scale where both must be shown for a case to have merit, but one can be more prominent than the other Lonegrass, Parties to a contract must be competent; while minors may enter into most contracts, they also may void them in most cases before reaching the age of minority There must be mutual agreement among the parties to a contract, without duress Some verbal contracts are enforceable, but most must be in writing and signed by all parties.

Many contracts contain an "integration clause" further stating the parties intent that the contract itself embodies all relevant terms. Moreover, one cannot necessarily have the same confidence that an electronic file has been preserved unaltered since contract inception in the way that one can analyze a piece of paper for tampering.

The Model Agreement also offers the parties the opportunity to use an electronic "acceptance document" to further reduce ambiguity as to what counts as a valid acceptance. As these mature, it would be worth incorporating interdisciplinary concepts e.

Under this provision the acceptance is valid even if the message is not read like the mailbox rulebut it does have to be "received.

Standard form contracts and a smart contract future

Competition and Contract Implications. A counterparts clause inserted into a contract can make it much easier to formally execute a contract for parties that are geographically separated.Chapter Nine Contracts and Consumer Law Contents Introduction A Contract Defined What a Contract Is Not RECOGNIZING WHAT CONSTITUTES A CONTRACT is the key to understanding many legal Contract Defined," outlines what contracts are and how people form them.

The second section. Contracts Understanding Contract Terms (Post 11): Counterparts Counterparts, in contract law, that together form a contract. In the internet age, it is common for two parties to execute a contract without sitting down in the same room to sign the same piece of paper.

Often a contract is executed in several counterparts, each signed by a. Understanding the Basics of a Contract Understanding the Basics of a Contract There are several types of contracts recognized by U.S. law. Valid contracts are generally structured as a combination of express or implied and unilateral or bilateral.

there are several standard terms that are used on a boilerplate contract form that many.

Legal Issues in Contracting on the Internet

05 What is a contract? 05 Construction contracts 07 Working with the employer’s representative knowledge and understanding regarding contracting in this industry. of contracts The type of contract form to be used will.

A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) As a general rule, the common law treats standard form contracts like any other contract.

Signature or some other objective manifestation of intent to be legally bound will bind the signor.

Business Contracts and Forms


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Understanding Contract Terms (Post 11): Counterparts Download
Understanding contract law and how to form contracts on the internet
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