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The internet law is a very new area that has not been there in the past when computer technologies had not evolved. Cyber law is developed to settle the legal disputes concerning the use of internet. There are many disputes that involve infringement of trademark and copyright on the internet. Issues that are considered in internet law are such as the legal issues in internet development, liabilities of the service provider, internet trademarks, and disputes on domain name and linkages on the websites and the liability associated legally.
A contract is a legal agreement between more than one party, which can either be written or spoken. Each of the parties involved in the contract has rights and duties, which are relative to the other [url=http://www.getconversational.com]hollister pas cher[/url] party. In a contract, even if the parties benefit, they do not have to have equal benefits. A written contract is considered to protect all the parties involved (Fafinsiki & Finch 2009: 117-205).
Therefore, when two or more parties form a legal agreement, it [url=http://www.achbanker.com/home.php]www.achbanker.com/home.php[/url] then becomes a contract. If the contract is breached then this calls for compensation [url=http://www.eastscotinvest.co.uk/mulberry.html]mulberry outlet[/url] as a form of remedy for the damages. This is towards the party that incurs the damages "the benefit of bargain" (Austen-Baker 2002: 1-30).The terms and agreement set should be accepted by the user stating that they agree to the terms of service (Austen-Baker 2002: 1-30).
When a company offers their services to another party, the other party must accept the offer through signing of contact or clicking on the "I accept" box. One party makes an offer, and the other party accepts the offer. There is usually evidence that the two parties had manifested their assent, and that this requirement is fully met where an offer is given and contractual terms accepted. Offer and acceptance are usually expressed through [url=http://www.bankonco.com/hollister.php]hollister france[/url] writing or orally. However, contracts can be made without having to express them. These are "implied in fact". In "implied in law" contracts, courts are called in to remedy situations wherever there is unjust act to compensate the sufferer (Gambino, D., 2000: 80-190).
Most of the websites have terms of use that requires to be carefully read since they apply to the use of the website. This means that once a user has contracted to the conditions of use of the website they create an agreement between them and the website. The terms of use of the website acts as a legal contract [url=http://www.achbanker.com/home.php]hollister[/url] between the client and the proprietor of the website. It is not a must that the website owner knows the users of the website. All they require [url=http://www.rtnagel.com/airjordan.php]jordan pas cher[/url] is the users to accept to the terms of the website [url=http://www.mansmanifesto.com]www.mansmanifesto.com[/url] use. The acceptance is what is important in the legal contract. When the user ticks the box that they accept the terms, it becomes a contract [url=http://www.materialistanyces.com]louboutin pas cher[/url] made between the website owner and the user (Catherine & Francis 2003: 27-230).
Analysis
In this case, A subscribed to an internet computer games download sites which has hypertext links to download of games. There are terms that needed to be read by the user, and agree to comply with them. When the user goes ahead and clicks on the "I accept" box without first reading through the terms, it means that there are clauses that are not read by the user. This leads to wrong use of the services thereby leading to breach of contract. In this case, user A did not honor the binding agreement due to his failure to read through the terms and conditions before he accepted. He thereby fails to fulfill the promise he signed against.
This is seen through his actions, as he goes contrary to the contract. According to free games, A has breached the contract. Salmond says that "A contract is an agreement creating the defining obligations between the parties" (Catherine & Francis 2003: 27-230). There was a contract between Freegames Company and A since the presence of contract elements existed. First, there was an offer. Freegames Company has freepcgames.com website I England and offers games at a prescription fee of £5 per month. The company therefore, expresses a willingness to give a contract on some set terms so that when the other party accepts the offer, it will be bound by the contract formed (Simon, D., Angus, J. and Basil, M., 1997: 27).
On the other hand, A accepts the offer. He does this by expressing an agreement to all the terms and conditions of the offer. This acceptance really mirrors the offer made by the company, and it's done through acceptance of the terms of service given by the free games company. This makes it a legal contract since evidence can be produced to the contrary.
Many internet users do not actually read through the terms of the services they receive. Legally, it is very important for users [url=http://www.1855sacramento.com/peuterey.php]giubbotti peuterey[/url] to know the content of what they are agreeing to. If, for example, A, had read through the terms and conditions of the services he got from Free games Company, he could have come across the clauses that most importantly were brought out in this case.
Remedies for breach of contract
There are judicial remedies for breach of contract as monetary damages or injunctions by the court. The free games company knew that wrong persons could enter into the accounts created and access the data thereby misusing it just as B did. And as of such, Free games Company is innocent, and needs to get damages as the remedy for breach of contract by A. Free games Company needs to be put in the financial level it would have been if A had performed the contract as required.
In law, once [url=http://www.eastscotinvest.co.uk/mulberry.html]mulberry sale[/url] one signs contractual term, they become bound to the terms. It thus does not matter that the person has not read those terms. In this circumstances, it is not implied anywhere that there is any misinterpretation of the terms and conditions by A. By signing the contract, A agrees to the terms and conditions of use of the website with all the included clauses. The terms and conditions have a meaning which is clear to any reasonable person and requires one to read through the document before signing to approve the contents in it, and agree to be bound by the terms.
Failure to read the contract and understand it fully shows some carelessness, and this is not expected from a normal person. It therefore does not require an individual to be an attorney to understand the terms, and conditions of an agreement first before signing it. This means that A is liable for the damages caused to Free games company since he voluntarily accepted to the terms of use of the website without reading [url=http://www.1855sacramento.com/woolrich.php]woolrich parka[/url] to understand all the include clauses. Free games should be awarded damages by A. The damages are usually in monetary form. They are given to the injured party, which in this case is Free games Company. [url=http://www.getconversational.com]hollister france[/url] In this case, what free games company should do is to show the damages they have undergone due to the actions of A to recover substantial damages. The court will look at the consequences the breach has caused and then measure the damages to quantify it in monetary form.
In Hadley v Baxendale, it was established by the court that the injured party due to breach will get damages arising from the breach of contract. A should, therefore, expect the normal consequences resulting from the breach regardless the fact that he did not read the terms and did not expect them. The company should be compensated by the damages for losses incurred, without seeing the compensation as a punishment for the defendant (A).
Conclusion
A was bound by the conditions and terms for the use of the website to download the games. He was required to pay a certain fee in a month for not more than 10 games. If A downloaded more than the 10 games, there is a clause that reads that there are charges for the additional games. When B goes on to use the website under the pretense that he was A, he downloads several games that the free games company needs to be paid for. This means that the claims laid by A to be given back the money for games by the company are unlawful. Therefore, Free games Company did what they had agreed in the contract.
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