Challenges of E Commerce to Traditional Contracts

Challenges of E Commerce to Traditional Contracts Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Challenges of E Commerce to Traditional Contracts As Information Communication Technologies progresses so do new media technologies such as the internet. Many individuals and businesses have moved towards such means as an opportunity for expansion in commerce.   [ 1 ]   This new path of business has been referred to as E-Commerce. It is defined as any business transaction that has been negotiated over an online system and where the parties interact electronically rather than by physical exchange or contact.   [ 2 ]   Due to this ICT revolution, information held by businesses can now be accessed by a wider group of people due to the availability of the internet. The principles of Contract law that governs online transactions continues to progress as businesses that are based online change and grow. Agreements can be as simple as clicking on a box to agree to purchase terms, or complex contracts covering intellectual property or consumer privacy.   [ 3 ]   As it continues to grow, e-commerce maintains its roots in traditional contract law however, as a result of the old and new complexity there are some challenges that e-commerce poses to the traditional model such as issues regarding offer and acceptance, jurisprudence and globilisation, state of mind and enforceability of electronic contracts as opposed to the traditional model of contract. OFFER AND ACCEPTANCE The basic concept of effective communication in contract formation is the concept of offer and acceptance.   [ 4 ]   E-commerce poses a major problem in relation to this issue. It is important to identify the offer and acceptance because they fix the precise time and place of the agreement, thus determining which jurisdiction is relevant.   [ 5 ]    Often in e-commerce transactions between parties never meet each other face to face. This is an immediate issue and challenge to the traditional form of contract as it makes it difficult to ensure the parties act lawfully and that the tra nsaction itself is legal and has undergone the steps necessary to regard it a contract.   [ 6 ]   When speaking of bilateral contracts, an offer is a clear statement of the terms in which a person (the offeror) promises to be bound and the other party (offeree) accepts the offer and it is through acceptance of this offer that a contract is created.   [ 7 ]   On the internet, it is difficult to determine whether a webpage is considered an offer or an invitation to treat. However, The Electronic Transaction Act however, in s14 states that a message is deemed sent under s14(1) when it ‘enters a single information system outside the control of the originator’ thus is deemed sent.   [ 8 ]    The words used in an online offer can often be considered misleading, and different legal systems may have different approaches to these problems. An acceptance is a final unqualified agreement to the terms of the offer.   [ 9 ]   Generally, it must be communicated to the offeror and the parties are free to vary by agreement.   [ 10 ]   E-mail is a common method of acceptance in ecommerce environment. Acceptance of an offer becomes effective at the moment the indication of assent by the offeree reaches the offeror.   [ 11 ]   Whilst E-mail is a common method of acceptance in the e-commerce it proves to be problematic. The ‘Postal Acceptance Rule’ states that when parties have agreed to transact a deal by post, the contract is deemed concluded when the letter of acceptance to the offeror is posted by the offere whether the offeree gets it or not. This rule does not apply to e-commerce. The Electronic Transactions Act 1999 (Cth) deems a message received under s14(3) when ‘the electronic communication enters [the addressee’s] information system’   [ 12 ]

An Alternate Feministic Ending to Charlotte Perkins Gilman's The Term Paper

An Alternate Feministic Ending to Charlotte Perkins Gilman's The Yellow Wallpaper - Term Paper Example While I was on top of him, John wrestled against me with his hand grabbing my hair but my hands squeezing his face and mouth. We rolled and rolled and rolled until I was under him trying to lock his neck with my strong arms. As he struggled to free himself from my grasp, he bit me in the arm and I screamed as blood spurted out of the cut where his sharp teeth buried. While I screamed, he pushed me with his head towards the wall behind me and when I banged my head on the wall with a loud thud, I growled in pain and consequently I loosened my grasp, and he twisted and turned towards me while grasping and squeezing both my wrists with his tight fists and never letting me go. â€Å"You whore! How dare you do that to me! What makes you think you are stronger than me? And what makes you think you can get away, huh!† John was screaming at me in a rhythm that corresponded to the thudding that my head made on the wooden floor. All the while I was right! Although I thought once that Joh n loved me very dearly, now I realize that it is never true. That is why I knew I was a little afraid of him, and that is why whenever he came, I had to put this away for he hated to have me write a word. I was momentarily dazed at this shocking realization and then I uttered a muffled cry as John finally grabbed hold of my neck with both hands and started choking the life out of me while I felt my weak legs helplessly kicking at him. Then, as I felt tears coming out of my puffy eyes and oxygen leaving my twitching chest through my gaping mouth, my eyes moved to the back of John as I smelled a familiar odor and witnessed a most horrid sight. My initial reaction was fear as I remembered I have always feared John. But when I saw the creeping women come into the room through the window and as many more came out of the yellow wallpaper from behind me, I knew the day of reckoning came. Their dark creeping shadows loomed around me and John, and I could see the expression on his face chang e from rage to horror. The creepers had long disheveled hair that hung around to cover some part of their dark, deathly yellowish pale countenance. The deep set eyes and dark circles were perhaps proof of the sleepless nights that they spent in struggling out of the yellow wallpaper. Their arms and legs were twisted perhaps from the pressure of having to shakes the bars of the patterns of the yellow wallpaper. Yet they smelled the same peculiar yellow odor that matched their yellowish skin and teeth. One of the crawling women twisted her bones and sinews several times in order to assume a standing position in front of him while he was there standing petrified in fear and he could feel his he could not move his sinews even a bit. All he could do was utter a shriek akin to that of a child whose head was banged to the wall just like how hard John banged mine several times just a while ago. I also heard from him the same muffled cry of fear that I let out while he was choking me, and my eyes moved to the wet spot in his pants that gradually grew wide as he kept wetting them in horror. As the terrifying figure loomed in on him, John finally screamed but before his instincts could make him punch the figure’s face, two other creepers from the back grabbed his arms and held them behind him. His fear seemed to have drained all the energy out of his body as he merely grimaced and twitched his neck upwards as if avoiding the face that was getting closer and closer to him.

At the end of the day, marketing communication does not deliver Essay - 1

At the end of the day, marketing communication does not deliver adverts, or direct mail pieces, or PR and corporate identity programs. We deliver results Discuss what you think is meant by this statement - Essay Example Those involved in marketing focus on catching consumers’ attention through catchy slogans, media exposure, redesigning packages and endorsements from celebrities. Marketing includes what is known as the four â€Å"Ps† which are product, people, place and promotion (Kerin, 2012). A result oriented business knows very well that it cannot afford to play around with marketing communication. Marketing communication is a fundamental part of any businesses marketing department. As a key element, communication plays a major part in marketing, as a process it uses words, signs, sounds, images, and behaviors to express ideas, feelings or even thoughts to a recipient. In short, it is conveying information to a recipient with an expectation of a feedback. With that knowledge, marketing communication simply put is the deployment of every media to convey a message to the market. It covers advertisements, branding, printing materials, direct marketing, packaging, online presence, sales presentations, PR activities, sponsorships and many more (MaRS, 2012). In as much as marketing communication has a hand in these activities, its main goal is to deliver results in the form of brand loyalty. Marketing communication is geared towards two major objectives; create a sustainable demand for the product (brand loyalty) and to make the sale cycle shorter (Marsdd.com 2012). Preference creation is often a long term objective as it is aimed at using tools of communication to place the company or product in the mind of the customers targeted. To place or position a product and build a brand is not an overnight adventure, but requires consistency and time in communication, product, pricing and distribution to show degree of commitment by the company. When preference is done through building brands, it helps impact the market share, access to talent and profitability as a means for company’s’ long term value provision. Communication through