(ZD) How are returns and refunds to be handled when more and more content is only for use in the digital space?
(IA) Messages traverse many
nodes, routers, switches, storage devices over the internet.
Hence many many opportunities are there for alteration along
the way. How do you ensure that the message sent is the
message received if a contract is made through email?
(IA) If the contract is done through emails and other communications, and no discussion or agreement is made on the jurisdiction, which jurisdiction applies to disputes?
(IA) If the seller does not know where the buyer is, how do you enforce export restrictions on a hi-tech vendor selling to a buyer outside USA.
(ZD) Are there any problems with having the hosting site (craigslist, ebay, etsy) serve as the arbitrator for the contracts formed on their platforms? What about credit card companies, or in the case of ecash's existence, the ecash minter?
(ZD) Which side of the contracting party should pay for the arbitration? Are they only paid for disputes, or is there a retainer paid for each sale they promise to cover?
(IA) If you are dealing with a company in cyberspace, how do you determine whether the person you are communicating with has the authority to legally enter into contract with you on behalf of the company?
(IA)When "electronic agents" or computers give and accept orders, there is no human choice or discretion which are fundamental to contract law. How does this effect contract law? Does respondent superior applies to electronic agents?
(PYS): Under contract law, parties are
not deemed to accept a transaction unless they did so
"knowingly and intentionally." Most online vendors utilize
"point and click" agreements by which consumers show their
consent to the vendor's terms and conditions by clicking on
a particular icon that is transmitted to the customer's
computer screen by the vendor's computer. In cyberspace,
customers might claim that they did not have an opportunity
to review the terms and conditions before they clicked on
the icon or that they clicked accidentally. Do "point and
click" agreements constitute valid contracts? Will an
accidental "click" excuse a breach or void a contract?
IA: Ikhlas Ahmed
PYS: Previous Year Student
ZD: Zac Dillon
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