The following 5 Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won’t get any protection without using them in the first place.
You may or may not want to include specific, express warranties for anything you sell on your website. There is no law requiring you to give any written express warranties. Although, you can unwittingly make an express warranty through any ads or written materials contained on your website.
But, there are also implied warranties. Certain warranties arise automatically under the law or are “implied” unless they are specifically disclaimed in a written agreement. To avoid the possibility of providing an implied warranty, your contracts must include a disclaimer waving these warranties in a conspicuous manner. A conspicuous manner means that the […]
An “e-contract” is essentially any type of written agreement or contract between two or more parties that exists only in an electronic format. Most issues involving the enforceability of agreements entered into with businesses online generally involve click-wrap agreements, or browse-wrap agreements and email communications.
Under traditional contract law, certain types of contracts must be in writing and must be signed in order to be valid. This is known as the statute of frauds. Real estate contracts, wills, certain other documents and contracts which cannot be performed within one year from the date of making the agreement must be in writing under the statute of frauds in most states. An agreement based on an exchange of e-mails relating to subject matter which does not require a signed writing has been determined to be a valid and binding agreement. CompuServe, Inc. v. Richard S. Patterson (1996).
Since this case, there has been […]
You or your business can be liable for violating state consumer protection laws. All states have laws governing deceptive and fraudulent business practices and most have adopted the Uniform Deceptive Trade Practices Act. The UDTPA is essentially the state level version of the FTC Act. You should pay attention and be concerned with state laws regarding these types of practices since they may allow the consumers themselves to sue your business, along with collecting damages and attorneys’ fees.
If you operate a business with an online presence and it is subject to the jurisdiction of another state’s laws, this is yet another avenue of liability. Many states provide similar remedies for false advertising, along with possible heightened damages and attorneys’ fees under their deceptive practices laws. (For example, Wisconsin’s false advertising statute provides actual damages, along with attorneys’ fees and costs).
Under the UDTPA, unfair competition and unfair or deceptive acts or omissions (i.e. […]