Question

Julia, a website user who lives in Missouri, files a lawsuit against Acme Corp., an Internet referral website based in Denver, Colorado, after she become dissatisfied with services of contractors obtained through the website. The website offers free referrals to prescreened construction contractors. Jane then hires a contractor to remodel her home in Missouri based on a referral. The website process involved a series of computer screens or web pages. Each page was hyperlinked to Acme’s terms and conditions, which included a choice-of-law provision and a forum selection clause limited to Denver County, Colorado. How would a court rule on enforceability of the terms and conditions found in the online agreement? See Major v. McCallister, 302 S.W.3d 227 (Mo. Ct. App. 2009).

Provide a 1-page double spaced response.

Answer 1

The terms of contract in online transactions:

The online transactions are inclusive as the terms in on offer mode in a written document.

• offer must be clearly readable
• must have acceptance box such as an 'I agrees" or " I accept" box

Enforce ability

The court have enforced "click on agreements"

LAW:

1. " A failure to read and understand the terms the terms and conditions is not a valid defense and will not excuse compliance with the terms"
2. Clicking an acceptance followed by the shipment of goods is likely to demonstrate there is agreement form a contract

a) : there is no acceptance is provided by the Julia. Hence there is no enforce ability of the online agreement to form a contract

b) : personal jurisdiction is the power of court over the parties in the case. in the current case,the company provided services in Missouri as well as the Julia is based in Missouri,hence the court of Missouri has a personal jurisdiction over fixer upper