Contract Law

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Adapting Traditional Contract law to satisfy the demands of Electronic Contracts. Contract law is a specialized area of the law with a body of rules governing the formation and enforcement of contracts. These rules will vary depending on the subject matter of the contract and other things. Regardless, it is fundamentally true that the formation of a legally recognized contract requires an offer, acceptance, and consideration. There must be a meeting of the minds in order to form a contract. Some contracts, depending on their subject matter, are governed by specialized areas of contract law that address the specific needs of certain bargaining relationships. This is particularly true of commercial contracts, or contracts dealing with the purchase and sale of commercial goods by merchants. Not all contracts take place between parties within the United States. Outside the domestic arena, the United Nations Convention on Contracts for the International Sale of Goods may apply to the sale of goods between international parties. There is no special or uniform law governing “electronic contracts”. Yet, electronic contracts place certain constrains upon existing contract law and create the potential for problems in applying existing traditional contract law to electronic commerce. The new problem for courts facing electronic contract issues is becoming clear. On the one hand, a unique “law of electronic contracts” appears to be unnecessary and redundant, given the wealth of traditional contract law that exists, since fundamentally, the purposes of general contract law continue to apply to electronic transactions, and it appears unnecessary to reinvent contract law to achieve an identical result possible under current law. A specialized law of electronic contracts would add little to the existing law. On the other hand, the very nature of electronic contracts presents certain issues and questions that cannot be resolved entirely through the application of traditional contract law. Develop a testable hypothesis for resolving this dilemma between traditional contract law and electronic contracts. 

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