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Free «Contractual issues in E-commerce» Essay Sample

A contract consists of some issues, which include Offer, acceptance, consideration and performance or delivery of the ordered goods and services (Randy, 2003). For the validity of a contract, some terms and conditions applicable to the given order must follow. The customer and the client should adhere to the contract and, action can be enforced if there is a breach by any of the parties.

According to the case, Foodmart wins citing the contract signed by Todd, which clearly states that orders are limited to inventory on hand. A major issue in online contracts is the authentication of the terms and conditions incase of any dispute. This may involve the use of server logs to prove authenticity and use of electronic records saved in a database. Todd was required to sign a contract when first entering an online order.

The physical location of the place the contract is made is a major issue as the law that governs a contract is the one applicable at the place where a contract is made (Ewan, 2005). The actual date of signing a contract is very important. A signing of contract can be done online or manually. The jurisdiction in which the contract was made is also an issue to determine where the contract is acceptable. A review of the terms used in a contract is important before acceptance, and the buyer accorded an opportunity to analyze and understand the contract before acceptance. There should be no room for a buyer to negotiate the terms of contract.

By Todd signing the contract he must have agreed with the terms and conditions stated and therefore, Foodmart should not compensate him for the loss because of the missing sauce. He is also not at apposition to ask the store to get the sauce from neighboring stores.


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