Workshop3
Workshop3
Acontract can be only described as a deliberate arrangement betweentwo or more people or groups which can be obligatory by law as abinding lawful covenant. Christianity, therefore, plays an importantrole in such arrangements. Matthew 5:37 is critical to thedetermination of whether it is okay to engage in a contractualprocess. Transactions that take place especially in business requirea mutual understanding between the buyer and seller and especiallyfor oral and implied contracts. In essence, it is quite impossible tolive with people without having dealings that require some form ofarrangement. However, the emphasis is focused on the need, to behonest, and transparent and forthright. This will involve agreeingor disagreeing candidly without trying to pledge or initiate a tradethat is not truthful. Grace is one of the qualities that a Christianmay need to apply. While legally contracts may be difficult toexercise this attribute, in cases of unenforceable contracts, a graceperiod can be added or in some circumstances a new agreement can beformulated.
Technologicaladvancements have fostered the use of innovations for contracts. Ithas facilitated a faster means of communication between parties andit also provides a platform for exchanging information. Additionally,technology facilitates efficient storage of the contracts as well aseasing the retrieval of such agreements when needed. Security is alsofurther enhanced by the use of encryptions and passwords. It ispossible to have transactions using emails although care must betaken to ensure that the contracts are made to be enforceable.Despite being considered an achievement, the use of technology hasits undoing for instance exposure to worms and viruses and alsoconfidentiality issues with the service providers.
Iagree with the ruling in the court case involving Feldman v. Google,Inc. e-contracts are recognized as valid, and it is evident that thecompany provided a full explanation and outline of the terms andconditions which the plaintiff should have read, understood andaccepted or declined as per his needs and requirements. By clickingon the accepted button, he acknowledged to have a clear understandingof the contract and bound himself to it. Because the Google Companycharged him the amount based on the agreement makes the wholetransaction valid and thus Feldman could not claim otherwise.
Aclick-through agreement can be considered a fair way of determiningwhether someone is bound to the contract terms. Most of the time,technological advancements have facilitated the use of electronicmethods to communicate and disseminate information. Properutilization of technology provides the stage for the use ofclick-through agreements. However, some of the issues that may ariseinclude the capability of opting out immediately in case someoneaccidentally consented. Also, there may be concerns with the emphasison the explanations of the contract in areas that the other partydoes not clearly understand.
Incertain situations, court rulings might be different depending onindividual factors. For example, disputes between two merchants underthe uniform commercial code don`t necessary require very strict termsand is mainly designed to create a consistent standard of fairness.On the contrary, cases involving merchant and consumer or customerand user will be decided upon based on previous rulings and most ofthe time it requires strict observance to the mirror image rule,failure to which the contract will be considered invalid.
References
Fowler, H. (n.d.). Formation of Contracts. Retrieved from JigSaw: https://jigsaw.vitalsource.com/api/v0/books/9781269746762/print?from=172&to=181
Troxell, H. (2011, May 1). Modern Communication Methods Affect Contractual Protections. Retrieved from Hawley Troxell: http://www.hawleytroxell.com/2011/05/modern-communication-methods-affect-contractual-protections/