There are three fundamental requirements for the formation of a legally enforceable contract, and they are as applicable online as offline. First, the contracting parties must agree on the terms of the contract, through the issue and acceptance of a contractual offer. Second, they must intend to create a legally binding agreement. Third, the contract […]
Contract Law Archives - Page 3 of 3 - SEQ Legal
The Contracts (Rights of Third Parties) Act 1999: an introduction
English law can be unfair. In 1962, Peter Beswick agreed to hand over his business to his nephew, John. In exchange, John contracted to pay a sum of money to Peter each week and, after his death, to Peter’s widow. After Peter died, John decided not to pay. He almost succeeded. Peter’s widow could not […]
When and how to use an NDA
Non-disclosure agreements (NDA) impose obligations to refrain from disclosing information, take measures to protect the confidentiality of information and/or use information only for a specified purpose or purposes. In this post, I look at the issues surrounding the use of NDAs in the IT industry, and consider some of the the typical situations in which […]
An introduction to UCTA
The Unfair Contract Terms Act 1977 (UCTA) imposes statutory limits on the avoidance of civil liability through exclusion clauses in business contracts for breaches of contract, negligence, or other breaches of duty. UCTA is only concerned with exclusion clauses, and does not examine whether a contract is unfair generally. An “exclusion clause” is not defined […]
Marketplace websites and UK regulations
I’ve just finished working on a new template terms and conditions of use document for marketplace-type websites. This process has not been as straightforward as it should have been. Both the Ecommerce Regulations and the Distance Selling Regulations are poor fit for this kind of website, because of the range of different contractual relationships that […]
What legal documents do I need for my new website?
Website legal documents are like vitamins: you know they’re good for you, but you probably don’t know exactly what they do. With a bit of research you could find out what they do – but, let’s face it, even lawyers can find legal research a little boring. There are legal aspects to all websites. Legislation […]
Distance Selling Regulations: right of cancellation
NOTE: This post is now of historical interest only. The legislation referred to in this post has been superseded by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. All online traders in the UK and wider EU should know about the right to cancel distance contracts available under the Distance Selling Directive. This […]
Internet contracts and applicable law
Many contracts, and the vast majority of professionally-drafted contracts, contain what is known as a “choice of law” clause. Choice of law clauses specify the law that will be used to interpret the contract. Choice of law clauses and choice of jurisdiction clauses (sometimes called choice of forum clauses) must be distinguished. Whilst choice of […]
Terms of use FAQ
This brief FAQ contains answers to some of questions I get asked on a daily basis relating to website terms. What is the difference between T&Cs, terms of use, and disclaimers? In the context of websites, these are different names for often similar – and sometimes identical – documents. “T&Cs” or “terms and conditions” may […]
Internet contracts and jurisdiction
Issues of jurisdiction are important to online traders, not least because of the transnational character of many internet contracts. Private international law (also known as conflict of laws) is the legal subject concerned with jurisdictional questions – i.e. questions of where court proceedings may be brought. Private international law is international inasmuch as it is […]
