Chapter 11 - Written contracts and cyber-commerce. After completing this chapter, students will be able to: Identify the goals of the statute of frauds, identify those contracts that must be in writing, list the information that must be in the writing, explain the standard construction rule, discuss the parol evidence rule,...
Trang 1Business Law with UCC
Applications,13e
Written Contracts and Cyber-Commerce
Chapter 11
Trang 2Learning Objectives
1 Identify the goals of the Statute of
Frauds
2 Identify those contracts that must be in
writing
3 List the information that must be in the
writing
4 Explain the Standard Construction Rule
5 Discuss the Parol Evidence Rule
Trang 3Learning Objectives
6 Explain the exceptions to the Parol
Evidence Rule
7 Explain the Best Evidence Rule
8 Discuss the Equal Dignities Rule
9 Explain the problems associated with
cyber-commerce
10.Outline the latest cyber-commerce
statutes
Trang 4Written Contracts and
Cyber-Commerce
• The Statute of Frauds
– Contracts that Must Be in Writing
– The Contents of a Writing
Trang 5Written Contracts and
Cyber-Commerce
• Contracts that Must Be in Writing
– Contracts that cannot be completed within one year.
– Contracts transferring real property rights.
– Contracts for the sale of goods of $500 or more.
– Certain contracts entered into by executors and
administrators.
– Contracts by one party to pay a debt incurred by
another party.
– Contracts in consideration of marriage.
– Other contracts
Trang 6Written Contracts and
Cyber-Commerce
• The Contents of a Writing
– Elements of a Writing
Trang 7Written Contracts and
Cyber-Commerce
• Legal Rules for Written Contracts
– The Standard Construction Rule
– The Parol Evidence Rule
– The Best Evidence Rule
– The Equal Dignities Rule
Trang 8Written Contracts and
Cyber-Commerce
• The Parol Evidence Rule
– Exceptions to the parol evidence rule
Trang 9Written Contracts and
Cyber-Commerce
• Formalities of Construction
– Signature Requirements
– Witnesses and Acknowledgments
Trang 10Written Contracts and
Cyber-Commerce
• Signature requirements
– Facsimile signatures
Trang 11Written Contracts and
Cyber-Commerce
• Cyber-Commerce and the Law
– Verification Problems
– Cyber-Commerce Legislation
Trang 12Written Contracts and
Cyber-Commerce
• Verification problems
– Offer and acceptance online
– Online advertisement “click” fraud
Trang 13Written Contracts and
Cyber-Commerce
• Cyber-Commerce legislation
– The E-sign Act
– The Uniform Electronic Transactions Act
(UETA)
– The Uniform Computer Information
Transactions Act (UCITA)
– The Fair and Accurate Credit Transactions Act (The FACT Act)