The Pros And Cons Of Contract Law

1633 Words 7 Pages
In order for an agreement to become legally binding, it must include several factors that establish it as “legally binding”: the agreement in itself, and consideration [1]. Within the agreement there lies an assortment of provisions that add to the legality of a contract. These include the offer [2], performance [3], terms [4], conditions [5], obligations [6], payment terms [7], liability [8], and default or breach of the contract [9] (Bailey, 2015). The agreement component involves offers, counter-offers, and eventually what Australian agreement law calls the “meeting of the minds.” (Clarke, 2015) [10] When looking at the arrangements in place, agreement law is often looked into. For example, offer and acceptance may occur electronically via …show more content…
The law does not only enable but also constrains e-commerce while recognising e-commerce’s beneficial potential alongside international efforts (Netlitigation, 2015); this is highlighted in the Electronic Transactions Act 1999[12], as the state and federal government have taken legislative steps to remove “legal obstacles” to the endorsement of e-commerce agreements (Sutton, 2015). (The law’s) constraining role was adopted because worldwide governments now realise – in some areas – certain activities must be restricted and property rights must be protected, this is enhanced the Privacy Act 1988 (recent amendments) [13] as well as the Copyright Act 1968 (this Act pre-dates e-commerce) [14], and even in the Consumer Protection Legislation [15]. Queensland law plays a constraining role when endorsing e-commerce law and agreement (property/ownership rights) [16] which underpins the facilitative approach, on the other hand is the notion of freedom of contract, freedom of individuals and groups (i.e. corporations) to form contracts without government restrictions, because individuals entail a general freedom to choose with whom to contract. The Queensland, as well as federal Government is working to make it easier and more reliable to use electronic communications in business and personal transactions. This includes a commitment to provide …show more content…
Queensland jurisdictions feed a light-handed approach when handling agreement laws that encompass e-commerce. Legislations that are involved with this issue stand as: the Electronic Transactions Act 1999, the Privacy Act 1988 and the Copyright Act 168 (this Act pre-dates e-commerce). In the Queensland court of law, these legislations are highlighted in the case of Evagora v eBay Australia & New Zealand Pty Ltd [2001] VCAT 49 (20 July 2001)[17]. On February 7th, 2014 SBS Radio host Michael Kenny [18] posed the question: “While millions of Australians log on each day to social media websites, are they fully aware of who can access their personal information both in Australia and overseas?” as well as “Who can they turn to if they feel their privacy has been breached?” The President of the Australian Council of Civil Liberties New South Wales branch, Stephen Blanks, says it is critical for privacy laws to keep pace with the latest developments in information technology. "Consumers really need to be given the right to control how information about them is used and sold. These laws will go some way towards that- perhaps more will need to be done to do with social media. But these laws are a good first step." (Kinny, 2014). Furthermore, the question of privacy and security matters in Queensland

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