Question

Cyber Monday, the Monday after Black Friday in the US, is reportedly

the biggest online shopping day of the year.

Do you think that an online contract should have special rules to differentiate it from a normal retail contract? What problems do you see with online contracts that would require these rules?

Answer 1

Cyber Monday is basically marketing term for the Monday after the Thanksgiving holiday in the US. It was created by the retailers to encourage people to shop online. Most of the time falls in the November, but if Thanksgiving is on November 27 or 28 it will fall in December. It is always four days after the holiday, and it is reportedly biggest online shopping day of the year.

Yes, I do think that an online contract should have special rules to differentiate it from a normal retail contract. Because, normal retail contract is an agreement outlining the details of a transaction of retail goods between buyer and seller. Where online contract is an agreement modelled, signed, executed electronically, usually over internet. So the normal procedure which is applied in retail contract can't applied in online contract.

When parties involving in retail contracts with each other, they are interacting face to face so it is easier to avoid mistakes but when it comes to the online contract, the whole contract can literally be concluded within seconds at a click of a button. So if any problems are occurring after completing the contract then it should have some laws like goods can be replaced or refund should given to the contractee.

Another soaring issue is, when you sign normal retail contract, you can see the person doing it and make sure that they have the authority to get into contractual relationship. But in case of online contract, anyone can become anyone and you can never be sure If the person agreeing is an impersonating an authority. And according to the legal regulations, online contracts are binding only for the person actually signing them at the time. So it should involve rule like at the time of signing contract there sholud be the web camera so both parties can see each other and it helps to maintain transparency.

Last but not the least is location of contract. Offer and acceptance is important in contact but not only to determine when a contract has been completed but also to determine where it is made. When the transaction takes place over an international computer network, neither party may know where the other one is located. So if that type of problems are occurring then it should have strict law which is enforceable in court.