E-contract contents
Applies to e-contracts as well as other contracts for the sale of real and personal property, and the sale and lease of goods
What are traditional principles governing contracts?
A particular law that may be adopted by states is too favorable to software makers and may allow them to claim in business or government transactions that they are not liable for software defects.
What are criticisms by the business community of the UCITA?
The law that the US signed onto and was approved as a treaty, which provides uniformity in the international sale of goods.
What is the Convention on Contracts for the International Sale of Goods?
What are click-on terms?
Federal law enacted by Congress to make e-signatures valid.
What is the Electronic Signatures in Global and National Commerce Act (or E-SIGN Act)?
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What is the number of nations that had signed on to the CISG as of April 1999?
A contract clause that indicates the location and/or forum in which a dispute between buyer and seller will be decided.
What is a forum selection clause?
A law that may be adopted by states, drafted by a consortium of lawyers, judges, businesspeople, and legal scholars to deal with electronically disseminated information.
What is the Uniform Computer Information Transactions Act?
The law created by federal or state judges that differs from what the US has agreed to regarding international sale of goods.
What is common law (or case law)?
An e-contract must spell this out in case the goods are defective.
What are the remedies available to the buyer?
Possible requirements include a password that must be entered on a web page confirmed by the website that it belongs to a certain person.
What are digital signature requirements?
The uniform state law covering domestic sales contracts that differs from the law covering international sales.
What is the Uniform Commercial Code?
A seller generally puts this clause in an e-contract to avoid liability for certain uses of the goods sold.
What is a disclaimer of liability clause?
If the fee for the e-contract is greater than $5,000, it is only enforceable if this is present.
What is authentication?
Parties may use this type of contract clause to change the law governing a contract.
What is a choice of law clause?