Creating Legally Enforceable Obligations Between Parties
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Creating Legally Enforceable Obligations Between Parties
The purpose of a contract is to create legally enforceable obligations between parties. An important purpose of a contract is to “manage risk” by requiring the party of lower risk to pay a larger percentage of the purchase price up front (the counterparty with the greatest risk) than the party of greater risk (the counterparty with the smallest percentage of the purchase price paid upfront). The clickwrap agreement is a good example of how digital contracts should be used. They give the seller the benefits of an enforceable contract, the customer the benefits of the ability to make a choice and the security of knowing they are legally protected against a lawsuit. The user has the best of all worlds in a contract. However, there are some shortcomings to the clickwrap agreement. A clickwrap agreement may only be entered and used in a computer system, or it may be entered in a computer and printed and signed in a physical location. A clickwrap agreement that is only entered and used in a computer is not a legally enforceable contract unless it is entered and signed in a physical location, such as a physical store, and signed by a customer (Brehm& Lee, 2015).
This could be a problem because a website is a virtual place where anything can be seen and done, and not all people have physical presence to sign a contract. The use of a clickwrap agreement that is only entered and used in a computer is therefore not a valid contract in many states. In addition, there may be problems with entering and using a clickwrap agreement for some people. For example, there may be people who do not understand the term clickwrap agreement, or people who may have mental health problems that make it difficult for them to enter a contract. Although in most cases, those people are not legally protected from using a contract, it would be good to know what to expect if they do sign a clickwrap agreement. A clickwrap agreement can be confusing, because there are no physical objects to see or even touch. It can be difficult to know what the contract says and what happens if you click the box. People may feel pressured to click the box, or they may be scared of not doing so.
If the agreement is confusing to read and they do not understand what they are agreeing to, they may feel pressured or scared into signing. It is important to be aware of these possible problems and to look for potential solutions when creating a website that offers a clickwrap agreement.When a website is being designed, it is important to consider your legal responsibilities when designing the site. Some companies are more concerned with legal issues than others, but they all need to be concerned to some extent, since most of us need legal protection if they make a mistake. In the previous chapters, they discussed what people are legally responsible for when they make a website (Obar&Oeldorf-Hirsch, 2017).
References:
Brehm, A. S., & Lee, C. D. (2015). Click here to accept the terms of service. Comm. Law., 31, 4.
Obar, J. A., &Oeldorf-Hirsch, A. (2017, July). Clickwrap impact: Quick-join options and ignoring privacy and terms of service policies of social networking services. In Proceedings of the 8th International Conference on Social Media & Society (pp. 1-5).
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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