The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution.
Read the following scenario.
Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process.
- Great Buys isn’t sure it has a binding contract with its customers because the contract is completely online and in electronic format.
- Customers have argued they are not bound to the online contract because there’s no handwritten “pen and ink” signature.
- Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally.
- Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable.
- Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don’t turn into contract-related claims or lawsuits.
Great Buys’ management team asks you, the company’s contract manager, to work with your team and address their concerns.
- Prepare a 700- to 1,050-word report (excluding cover and reference pages) for Great Buys that addresses all of the company’s concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members).