E-commerce Contractual Issues - Essay Example

E-commerce contractual issues The paper deals with case of Todd vs Foodmart in the field of e-commerce contractual issues. It is claimed that contractual issues and agreements of online trading are as much important, as regulations in bricks-and-mortar businesses. Key words: e-commerce, contractual issues, agreement, legal subject. Current scenario provides clearly identified business and contractual issues of Foodmart. On the one hand, it is hard to understand a specific policy of Foodmart, because interests of clients are one of the most important concerns for both brick-and-mortar and click-and-mortar businesses.

A fair basis for operations for both types of businesses should be equal and in case of special regulations for online and brick and mortar operations. There are different pricing policies of Foodmart, which can be explained by the company’s convenience of retailing and potential profits gained from sale. Therefore, Internet prices differ from prices in the shops of the Company. Under conditions of agreements for online operations, Todd had to pay retail price, which is not indicated in the Internet.

Henry Cheeseman states in his book, The Legal Environment of Business and Online Commerce: Business CurrEthics, E-Commerce, Regulatory, and International Issues, (2010) that to enforce a contract, there is a need to follow these requirements: to consider agreement, consideration, contractual capacity, and a lawful object. Todd was ready for agreement, when he agreed upon terms and conditions of online transaction. Todd was also considered about the sum of money, which he had to pay for the sauce.

The object of the contract, chocolate sauce, can be considered a legal element. Thus, it is possible to claim that this contract is enforceable. Todd wanted to buy chocolate sauce at a lower price, which existed in real environment only and was unavailable in online world. The store has a right to sell goods and products in accordance with its real pricing policy. In case a customer is dissatisfied or wants to change any issues of this policy, his claims are irrelevant. Thus, in this case a contract specifies that advertised prices are not applicable for online purchasing, which means that the contract is enforceable and Foodmart wins.

Nevertheless, in case Todd did not sign in the contract and he did not mark “I agree” option online, this contract cannot be enforceable. The clients of online purchasing should agree upon the terms of agreements and contracts, otherwise there is no enforceable power in online purchasing. From another perspective, purchasing in the real world requires that customer would follow the rules and contractual terms; otherwise the rights of the Company are violated. There is no need to infringe on the rights of the sellers, as well as there is no need to infringe on the rights of the buyers.

A strict following the rules and regulations of contractual agreements for both brick-and-mortar and click-and-mortar businesses is an obligatory condition for enforceable transactions between the sellers and the buyers. References Cheesman, H. (2010). The Legal Environment of Business and Online Commerce: Business CurrEthics, E-Commerce, Regulatory, and International Issues. Prentice Hall.