Implementation of Online Contract Regulations in Turkey - Dissertation Example

Download file to see previous pages Online contracts are also referred to as e-contracts or electronic contracts. Online contracts must cater to the same fundamental needs of a valid contract like the offer, acceptance, valid agreement, price or consideration, capacity to contract, and legality.

The same obligations have to be accomplished for both offline and online contracts to make sure that the contract is binding legally. There should be an agreed set of terms and conditions and both the parties must have an inclination to enter into a legally obligating agreement.

Though transactions are made easy through online contracts, it presents some distinctive disputes under the law and for the contracting parties. This is mainly because the contracting parties under online contracts may not aware of each other identities and they may lack the real chance to enter into a bargain for the terms of their contract. Further, jurisdiction is another roadblock for online contracts as the majority of the online contracts will contain clauses that need to name the place of the jurisdiction where lawsuits about the contract are to be tried. Thus, it clearly demonstrates that at least one party is trying to control jurisdiction issues in online contracts.

Online contracts can also be formed for the licensing other than products and services. For example, the sale of software generally needs a license or a privilege to exploit that software instead of transfer of the ownership or title to the buyer from the seller. Further, in the online contracts, disputes seem to center around contract terms and conditions, and the main focus will be given to whether the parties to the online contract have voluntarily consented to the terms and conditions of the contract.

It is to be noted that UNICITRAL (United Nations Commission on International Trade Law ) is taking much efforts to draft a model law on e-commerce, mainly to harmonise the law that will facilitate to plug the loopholes found in various national laws that create impediments for smooth administration of international trade. Contracts entered in the UK are governed by the provisions of the English Contract law. Under common law in the UK, for the creation of a valid contract, there should be an agreement, contractual intent, and price or consideration.

Nowadays, the notion of acknowledgement-by-action is being employed in different manners as a varied type of safeguard. These contracts are known as “shrink-wrap / click wrap “contracts. Under these types of contracts, a contract is said to be made when a buyer clicks his mouse on the icon “I accept.” Browse –wrap term contract is familiar in online transactions through the internet. Under this contract, a user or buyer is not required to give his assent to the conditions before using or downloading the product or software. On the other hand, they can use or install the software even without checking “I agree “icon. Since, these contracts do not fulfil the contractual needs of contract formation, these contracts are found to be unenforceable at a later time. ...Download file to see next pages Read More