Post 7: Contract and OnlineContract

Contract 
Agreement occurs only when there are two or more parties agree in something. But not all agreements are legally enforceable for example verbal agreement between a couple

“I will buy a Gucci bag for you” you will never see a girl successfully sue her boyfriend if he didn’t make it, so how an agreement to be legally enforceable? That’s how contract occur.

Contract is legally enforceable agreement between two or more parties mutual obligations. Which party doesn’t obey or broke the contract can be charge in the court according to the Contracts Act 1950.

However, to form a contract there must have 7 elements:

1) Offer and Acceptance
>> One party make an offer make an arrangement that another accepts

2) Consideration
>> A value propose by a promissor to a promisee in exchanging something value given by the promisee to the promissor. Simple, like buyer and seller.

3) Intention to create legal relations
>> Having “heart” to create a legal relationship in the agreement for future reference.
>> Note: But not in social (Government), domestic (Husband and wife, relative and friends)  and family agreement (father, mother, son and daughter)

4) Legal capacity
>> Above age of 21, sound mind (Not crazy)

5) Legality
>> Purpose of the contract must legal or not offence
>> Example: Agreement in selling drug is definitely void

6) Free consent
>> Is not force by another party, willingness and agree about the contract

7) Certainty
>> Contents of the contract must be specify

-------------------------------------------------------------------------------------------------------

OnlineContract

Online contract consist

1)      Shrink-wrap agreements

2)      Click-wrap/Click on agreements

Shrink-wrap agreements

Is an agreement located inside the package or box of the goods. I call this agreement as an agreement inside the agreement. You can easily find this agreement when you purchase any genuine software in a CD form.

Any end user who bought the genuine software would usually need to agree in two agreements which the first agreement is the purchase agreement where you agree to purchase the software with the offered price. You may find the second agreement which normally call “end user license agreement” inside the CD cover or when you try to setup the software. If you read it carefully you may find the corporate actually still own the “software” which means you own the CD but not the software.

Click-wrap/Click on agreements

Is the agreement when you click something in the web. This can be seen during setup an software, there will be a message or term and condition show in the dialog box or pop-up window that you must click “I Agree”, or please check the “I agree” box to continue the setup, in this situation you are tight with the click on agreement.

When you purchase something through internet, you will experience there is a lot of steps that need you to click on “I Agree” or “Next” button to done at least a deal, basically you are in the click on agreement. So beware in what you click when browse thru the net as you can be legally binding.