Question: This assignment should be done after studying Units5 and6 and completing the quizzes for those units. Find a clickwrap contract you have entered into, as
This assignment should be done after studying Units5 and6 and completing the quizzes for those units.
Find a "clickwrap" contract you have entered into, as defined in the course text. Make a copy, read it carefully, and attach it to your submitted assignment. Next, answer these questions:
- What "clickwrap" contract have you found? Attach it. (5 marks)
- Who are the parties to the contract? If there is a clause defining this quote it in your answer. (5 marks)
- What could you do if you have a complaint related to the contract or the product or if a dispute arises between you and the other party related to the contract? Does the contract mention legal proceedings? If there are clauses concerning these matters, quote them in your answer. (10 marks)
- In your opinion, is the contract written in plain English, or does it use legal language that is difficult to understand ("legalese")? Explain your view, and give an example of clause that supports your answer. (20 marks)
- Find a clause in the contract that you think is ambiguous (can be read with two different meanings) or is unclear in its meaning in relation to your rights and responsibilities. Quote it, and explain why you have chosen it. (30 marks)
- What legal principle of contractual interpretation as described in the course text is specifically intended to be used for these types of standard form contract? Explain the principle and describe how you would you use it to resolve the ambiguity or uncertainty identified in question 5. Explain your answer, and provide the interpretation you believe should be used. (30 marks)
Note:Your assignment will be returned unmarked if you have not attached a copy of the contract you are referring to and have referenced the relevant clause or paragraph numbers of the contract in your answer.
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