What are an e-contract and the problems related to it?
The problem with forming an e-contract is one that is still causing issues till date as their foundation various from paper transactions as well as there are many ways by which electronic contracts are completed. Contracts are formed in three different ways; by electronic data interchange (EDI), by exchange of emails and attachments and also by ordering online for products which were advertised on the website. An implied contract is where the two parties involved act as if the contract already exists.
To form a contract, the must pass three different stages; offer acceptance and last, consideration. Firstly, offer consists of commitment with given terms which the offeror or supplier presents to another party. Acceptance is a second stage of forming a contract. This stage internpretates enthusiasm to go ahead with the offer and its stated terms. The last stage is where the consumers agree with the exchange with something highly valued; we call this stage the consideration.
In e-contracts often there are difficulties with recognising when the offer was made as well as when acceptance has been broadcasted back to the offerer. Invitation to treat in e-contracts is when the supplier advertises their products on a website. When the motive to create a legal relation happened between two parties to a contract, the supplier moves onto providing the customer with the essential steps which are needed to form contracts, for example, the terms and conditions of the contract, the languages used to conclude the contract and so forth.
Another problem in forming an e-contract especially when it comes down to the distance is when the contract is created, which means the acceptance mentioned above has been related back and the contract has come to life, where both parties are obligated to perform rights and duties stated in the contract. After the discovery of issues involved with distance selling contract, it is clear the, in fact, the consumer is the disadvantaged parties, the need to examine consumer rights and related legislation has increased over the years.