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E-Commerce - Case Study - Essay Example

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The case involves four parties A (Alfred), B (Bert), C (CDE) and Involving Tort, the E-commerce law, Labour Law, and other Internet related laws that involve hacking
I shall attempt to sort out the possible criminal and civil culpability of each party against each of the other party…
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E-Commerce - Case Study
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Download file to see previous pages Since each party has their own case against each other discussing the cases between parties separately for a better understanding of the issues shall be the norm of this paper. At the end of each case an advice will be given from my contemplation of the merits of each of the case. This case study involves A (Alfred), B (Bert), C (CDE Corporation), Freegames, and Freepcgames portal. Freepcgames is a portal that is involved in providing free computer game programs to its subscribers who pays a monthly subscription fee. Freegames is the local company that represents Freepcgames. It should be noted that is a portal registered in the United States. From the facts of the case it is not apparent if the use of Freegames or Freepcgames is a registered trademark or company brand name. Several parties each with their own interest and culpabilities have brought legal actions against one another to protect their rights and legal interests. I shall evaluate the merits of each case between the protagonists and the legal anchors if possible shall be used to provide a solid base for the critical analysis. In some cases I shall provide advice on what charge and the basis of the charges to bring the other party to court. There will be instances wherein I will be providing legal advice or defence for Freegames, since for all intents and purposes Freegames, is my client in this simulated legal situation. The legal advice provided herein remains a theoretical exercise and shall be a hyperbolic representation of an actual legal advice that may be provided to resolve legal issues for Freegames in the future that relates to the instant issues. A (Alfred) vs. From the facts of the case it is evident that the whole problem started with Alfred’s use of his company’s resources for personal gain. His case against Freepcgames,com for the recovery of his money shall not prosper because the case arose from his own negligence. A, agreed to the terms and condition of Freegames at the onset and therefore any problem arising from the use of his username and password combination is his responsibility. It should be noted that “Duty of Care”1 in order for Tort to settle against Freegames the claimant should have his hands dry and clean. Washing his hands of his own culpability and assigning blame to Freepcgames contrary to the tenets of the law and it is against the ambit of human morality. Lord Atkin has set down the test when ‘duties of care’ arises in the following details of Donohue v Stevenson. “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then, in law is my neighbour? The answers seems to be – persons who are closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called into questions”(per Lord Atkin [1932] AC 562 at p 580) It should be noted, that the username, password combination is the established means in which the identity of a person transacting business in the internet is established. With the express understanding of the user or customer of any internet based commercial entity that his username password combination is in fact his identity as far as this internet based commercial entity is concerned. A, therefore is not only expected to be more prudent in ...Download file to see next pagesRead More
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