Friday, October 23, 2009

How Have Legal Contracts Changed With Technology

The form of contracts and the methods of accepting terms have evolved with time.


A contract requires an offer, acceptance of the offer and consideration to be valid. As time and technology have progressed, the interaction between offeror and offeree has evolved.


ESIGN


Every time you purchase an item over the Internet, such as through Amazon.com or a store's website, or a company electronically submits a purchase order through another company's website, a contract is formed. Sales over the Internet are increasing each year, and as a result, Congress passed the Electronic Signatures in Global and National Commerce Act or ESIGN to help facilitate electronic contracts. ESIGN validates a purchaser's assent to the contract.


Licensing


Even after you purchase some products, such as computer software or computer hardware, you may have to further accept other contractual terms, such as a license. This is called a "bubble-wrap" license. If you order a product, such as a computer directly through the company, make payment and receive the computer, often the box also contains a license agreement you have not read, but your retention of the product indicates your acceptance to the terms of the agreement. This has also been applied to computer software as well: Clicking the "Accept" button on a license dialog box accepts the terms, even after you have purchased the product.


Contract Delivery


The way a contract is negotiated and signed has changed with technology, allowing contracts to be created more quickly. Contracts can now be negotiated over the phone and by emailing a draft back and forth between the parties. Once the terms have been agreed upon, both parties can electronically sign the contract, eliminating the need to use the postal service or to meet in person.







Tags: computer software, over Internet, such computer, terms have