Creating Legally Enforceable Obligations Between Parties Solution

Creating Legally Enforceable Obligations Between Parties

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Creating Legally Enforceable Obligations Between Parties

The purpose of a contract is to create legally enforceable obligations between parties. An important purpose of a contract is to “manage risk” by requiring the party of lower risk to pay a larger percentage of the purchase price up front (the counterparty with the greatest risk) than the party of greater risk

(the counterparty with the smallest percentage of the purchase price paid upfront). The clickwrap agreement is a good example of how digital contracts should be used. They give the seller the benefits of an enforceable contract, the customer the benefits of the ability to make a choice and the security of

knowing they are legally protected against a lawsuit. The user has the best of all worlds in a contract. However, there are some shortcomings to the clickwrap agreement. A clickwrap agreement may only be entered and used in a computer system, or it may be entered in a computer and printed and signed

in a physical location. A clickwrap agreement that is only entered and used in a computer is not a legally enforceable contract unless it is entered and signed in a physical location, such as a physical store, and signed by a customer (Brehm& Lee, 2015). Creating Legally Enforceable Obligations Between Parties

This could be a problem because a website is a virtual place where anything can be seen and done, and not all people have physical presence to sign a contract. The use of a clickwrap agreement that is only entered and used in a computer is therefore not a valid contract in many states. In addition, there

may be problems with entering and using a clickwrap agreement for some people. For example, there may be people who do not understand the term clickwrap agreement, or people who may have mental health problems that make it difficult for them to enter a contract. Although in most cases, those

people are not legally protected from using a contract, it would be good to know what to expect if they do sign a clickwrap agreement.  Creating Legally Enforceable Obligations Between PartiesA clickwrap agreement can be confusing, because there are no physical objects to see or even touch. It can be difficult to know what the contract says and what happens if  you click the box. People may feel pressured to click the box, or they may be scared of not doing so. Creating Legally Enforceable Obligations Between Parties

If the agreement is confusing to read and they do not understand what they are agreeing to, they may feel pressured or scared into signing. It is important to be aware of these possible problems and to look for potential solutions when creating a website that offers a clickwrap agreement.When a website is

being designed, it is important to consider your legal responsibilities when designing the site. Some companies are more concerned with legal issues than others, but they all need to be concerned to some extent, since most of us need legal protection if they make a mistake. In the previous chapters, they

discussed what people are legally responsible for when they make a website (Obar&Oeldorf-Hirsch, 2017).

References:

Brehm, A. S., & Lee, C. D. (2015). Click here to accept the terms of service. Comm. Law., 31, 4.

Obar, J. A., &Oeldorf-Hirsch, A. (2017, July). Clickwrap impact: Quick-join options and ignoring privacy and terms of service policies of social networking services. In Proceedings of the 8th International Conference on Social Media & Society (pp. 1-5).

Creating Legally Enforceable Obligations Between Parties

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Excellent Quality 95-100%	Introduction 45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.		Literature Support 91-84  points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.			Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score 50-85%	40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.		83-76  points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.			52-49  points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality 0-45%	37-1 points The background and/or significance are missing. No search history information is provided.		75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.			48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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