The Role of Contracts
Goals
- Describe traditional contract law principles
- Describe the main differences between contracting on paper and contracting online
- Describe shrinkwrap, clickwrap, and browsewrap agreements
- Describe end user license agreement
- Discuss why it is important to include information security provisions in contracts
- Understand common tort law concepts
- Understand cybersecurity concerns of cloud computing
General Contracting Principles
A contract is a promise between people to sell goods or perform services.
- Laws Governing Contracts
- Contract Form
- Capacity to Contract
- Contract Legality
- Form of Offer
- Meeting of the Minds
- Consideration
- Performance and Breach of Contract
Contracting Online
- Online Contracts
- Uniform Electronic Transactions Act (UETA)
- Electronic Signatures in Global and National Commerce (E-SIGN) Act
Special Types of Contracts in Cyberspace
- Contract of Adhesion
- End User License Agreement (EULA)
- Shrinkwrap Contracts
- Clickwrap Contracts
- Browsewrap Contracts
How Do These Contracts Regulate Behavior?
- EULAs, terms of use, and terms of service agreements attempt to regulate user behavior
- state how a consumer can and cannot use certain products or services
- tend to severely limit a consumer’s rights
- give the owner or vendor of the product or service many rights
- Consumers need to take the time to read these types of agreements
- Reading the EULA or terms of service agreement is the only way for a consumer to know what rights he or she is giving up