Question

BUSINESS LAW

Terms and Conditions?

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Although you may not have read many (or any) of them, you have certainly seen the click-on or "click-wrap" acceptance end user license agreements (EULAs) that come with some computer software, applications, and websites. By clicking a box on the screen, the user accepts the terms and conditions of a licensing agreement. The agreement is presented in the form of a take-it-or leave it offer, and the resulting contract is sometimes called a contract of adhesion because there is no real negotiation.

Think of it like this:

If you want to install and continue to use this program you are already using and in which all of your work is stored, click here to agree to the new terms and conditions and download the latest version. If you would like to wait until this now obsolete and unsupported version finally conks out and you lose all your documents, photos, etc., be our guest.

Or how about:

If you want to continue listening to your library of music or watching your movies, for which you have already paid, click here. Otherwise, enjoy the many free streaming cat videos on Youtube.

Consumer advocacy groups have long been critical of this particular type of "offer". Make your best argument based on principles of contract law in favor of such agreements, and then make the best argument you can that they should be banned or at least strictly regulated. Your response should be between 150 and 300 words.

Answer 1

answer-

arguement in favor of such agreements-

as per the principles of contract law, an agreement between two parties with followings-

• offer
• acceptance/consent
• consideration.

based on above priciples, above agreements or  contract of adhesion is fulfilling the principles of contract like-

company is providing thier terms & conditions as offer

consumer is accepting those terms & conditions by clicking on check box as his/her acceptance

in consideration,consumer is getting the use of softwares,websites etc & company is gaining profit.

so, such contracts are fulfilling the principles of contract of law.

* arguements against such contracts-

even though  contract of adhesion is fulfilling the principles of contract but such contracts should be banned or strictly regulated cause of following points-

• one party making the contract is in power that is superior & another is weaker that is inferior
• the second party has little or no right for negotiation on the terms & conditions of the contract.
• such contracts creates indifference between tha parties entering into the contracts
• in such contracts, the given consent may be or not real because anybody using the softwares or websites can click on the check box of the terms & conditions.
• such contracts are responsible for partiality under the law.

* above answer is written from my perspective.hope this answer would help you.good luck.