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ON-LINE CONTRACTING

ON-LINE CONTRACTING. What law applies? Uniform Commercial Code, Article 2 Uniform Computer Information Transaction Act (UCITA) - formerly UCC, Art. 2B Common law of contracts Regulatory law, e.g. SEC. ON-LINE CONTRACTING. What am I selling on-line? Goods-UCC, Art.2

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ON-LINE CONTRACTING

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  1. ON-LINE CONTRACTING • What law applies? • Uniform Commercial Code, Article 2 • Uniform Computer Information Transaction Act (UCITA) - formerly UCC, Art. 2B • Common law of contracts • Regulatory law, e.g. SEC

  2. ON-LINE CONTRACTING • What am I selling on-line? • Goods-UCC, Art.2 • Computer information-UCITA • Insurance - regulatory law • Securities - regulatory law

  3. ON-LINE CONTRACTING • Required signature • Statute of Frauds-$500 or more, etc. • Disclaimers - express and implied warranties • Consumer laws- request for credit reports • Digital signatures

  4. ON-LINE CONTRACTING • Clickwrap or Shrinkwrap Contracts • UCC Art. 2-602(1): sales contracts may be made in any manner, including conduct • use of the software constitutes consent • UCITA: shrinkwrap license-”mass market license” (MML)-same license for all users • right to return software cost free • cost of restoring computer if damaged

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