Womack Report

March 19, 2007

Business Law, March 19

Filed under: Law,Notes,School — Phillip Womack @ 1:42 pm

We’ll see if we get our test results back today. I’m expecting it.

Update: Nope. Prof claims he graded the multiple choice section, but isn’t done with the essays yet. Looks like we’re dealing with E-Contracts today.

Discussion of the value of names. Business.Com was sold for 7.5 million.

The Anti-Cybersquatting Act was passed to prevent domain name speculation. It allows penalties to be assessed against people who hold domain names for ransom.
The Internet Corporation for Assigned Names and Numbers (ICANN) regulates issuance of domain names and IP addresses on the internet.

States have varying requirements for digital signatures. Most commonly, they require a PIN code to be set.

Any offer to form a contract electronically should include:

  1. A clear statement of the offeree’s remedies, and limits thereon
  2. The applicable statute of limitations
  3. A description of what action on the part of the offeree will constitute acceptance
  4. A provision specifying acceptable forms of payment including applicable taxes and shipping costs
  5. The offeror’s return and refund policy
  6. Any disclaimers of liability the offeror wants included in the contract
  7. A statement of the offeror’s handling of information on the offeree gathered before, during, and after the transaction.

A shrink-wrap agreement is an agreement whose terms are expressed inside the box containing the goods, such that a buyer cannot fully read all the terms without opening the packaging.

Courts are generally receptive to shrink-wrap agreements so long as the agreement gives the buyer adequate time to review the agreement before deciding to be bound by it or to return the product, and so long as the external packaging indicates that additional terms of use are contained within.

See also:

  • Click-On Agreement
  • Browse-Wrap Agreement

Many contracts are unenforceable without some sort of written document signed by the party against whom enforement is sought. Electronic documents require electronic signatures.

  • Digital Signatures are usually asymmetric encryption schemes
  • Other electronic signature methods exist, frequently based on PIN numbers or biometric data.

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