Tuesday, June 18, 2019
Contracts, Trademarks, and European E-Commerce Law Case Study
Contracts, Trademarks, and European E-Commerce Law - Case Study ExampleAlfred uses written standard terms of business which include the term each soft Ltd is not liable for the results of using this software. The software costs 50, with a postage and packing charge of 5 if sent via DVD.Brian lives in some other EU country (not the UK). He goes to Alfreds website with the design of downloading a copy of Alfreds latest computer program for use in his own small business. He clicks on a Download Now button, inputs his address and recognize card details, and is presented with Alfreds contract terms as a Click weave agreement. Brian scrolls down through the agreement without reading it, clicks an I accept button at the bottom of the screen, and downloads the software. He then begins using it.assy lives in the UK. She goes to Alfreds website with the intention of buying a copy of Alfreds latest computer program on DVD, for her own personal use. She clicks on an Order Now button, input s her address and credit card details, clicks a button that says Submit, and places her order. When the software arrives on DVD five days later, Cassy puts the DVD into her computer and is presented with Alfreds contract terms as a Click Wrap agreement. Cassy scrolls down through the agreement and notices the term To the extent allowed by law, All soft Ltd is not liable for the results of using this software. Cassy clicks an I accept button at the bottom of the screen, and is then able to begin using the software.Alfreds software is vulnerable to a new computer virus which infects Brians and Cassys computers and causes them to crash repeatedly. In consequence, Brian suffers an economic loss of 10, 000 due to the interruption in his business. Cassy suffers an economic loss of 100, which is the cost of taking her computer to a local servicer to get the virus removed and Alfreds software uninstalled. Both Brian and Cassy contact Alfred, demanding to be compensated for the losses they have incurred.
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