Discuss how contract law plays a part in your workplace.
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Chapter11PPT.pptxISOL 633 Legal, Regulations, Investigations, and Compliance
UNIVERSITY OF THE CUMBERLANDS
School of Computer and Information Sciences
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Housekeeping
This week – Chapter 11
The Role of Contract
Homework
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Black’s Law Definition
An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.
Purpose & Characteristics
Clarify Relationships
(Offer) + (Acceptance) + (Consideration) = Contract
Once Accepted, Contract Terms are Binding
Contract Terms are Enforceable in Court
Oral or Written (preferred)
Chapter Eleven: The Role of Contracts General Considerations
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Chapter Eleven: The Role of Contracts Performance & Breach
Performance
Complete Performance
Substantial Performance
Incomplete Performance
Breach of Contract
Minor or Material
Damages:
Compensatory
Consequential
Liquidated
Nominal
Specific Performance
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In the legal sense, at least,
Online Transactions = Traditional Transactions
Easier, Cheaper, Quicker
Issues for Parties and Courts; UETA may help
Jurisdiction is a Legal Issue
Main K Types in Cyberspace:
Adhesion Contracts
EULAs
Shrinkwrap, Clickwrap, Browsewrap
Chapter Eleven: The Role of Contracts Online Contracts
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Regulation of Behaviors
Limits how a product or service is used.
Limits the consumer’s rights.
Benefits, empowers owner or vendor.
Provides remedies for breaches of the contract.
Chapter Eleven: The Role of Contracts Online Contracts
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Chapter Eleven: The Role of Contracts Online Contracts … What’s Next?
Information Security Terms:
How are “data” defined?
How are data to be used?
Who protects data? How?
Articulate parties’ legal and regulatory responsibilities.
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Contracts are used to form relationships between parties for the sale of goods and services. A mixture of common law and statutory law covers contracts. Contracts for the sale of services are usually covered by common law. Code law usually covers contracts for the sale of goods.
Electronic and online communications have created more efficient ways to enter into contracts. The traditional rules of contract law apply to contracts that are entered into online. Laws such as the Uniform Electronic Transactions Act help make sure that online contracts are enforceable in the same manner as traditional contracts.
Chapter Eleven Summary
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Discussion Post
Continue to study for the Final Exam!
Read Chapter 12
Homework Assignments
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