m3 project

maurice.docx

A pre-existing consideration states that one party already has an obligation to perform something thus cannot demand additional compensation upon doing it. Past consideration may be defined that a new promisee does not create a legal right where none was previously there which requires a consideration but instead removes from the promisor a defense against the assertion of an existing legal right.

Issues relating to cyberspace include, tort issues, contract issues, intellectual property issues, criminal law issues, constitutional restraints and security law issues. The general rule states that, computers and cyberspace may at times be used to commit tort of invasion of privacy thus some limitations are set. These limitations are; in order to prove the tort of intrusion into private affairs or public disclosure of private facts, the plaintiff must prove that the defendant revealed the information, the information is presumed private and the information is subject to private protection. However employers have a right to look at employee’s email that is communicated through the employers’ email system even when the employees are notified or not that the email is being monitored. Generally tort of invasion of privacy consists of three different torts: (1) intrusion into the plaintiff’s private affairs; (2) public disclosure of private facts; and (3) appropriation of another’s name, likeness, or image for commercial advantage.

References

Smith, J. (1976). Legal obligation. Toronto: University of Toronto Press.

Cavazos, E., & Morin, G. (1994). Cyberspace and the law: Your rights and duties in the on-line

world. Cambridge, Mass.: MIT Press.