es, an offer or an acceptance of an offer may be expressed by means of an electronic document or by an action in a specific electronic form, such as clicking or touching a special icon.
A: The United Nations Commission on International Trade Laws draft convention on e-contracting specifies in article 12 that an offer of certain services or goods made over the Internet web sites is to be regarded as an invitation for the public to make an offer regarding those services or goods. This rule applies in all cases except the case when the offeror specifically indicates his intention to be bound. There is an analogy between the offers made via the internet web sites and the offers made via traditional media, which also refer to the whole public.
A: The Corinthian scenario is based on the case of Corinthian Pharmaceutical Systems Inc. v. Lederle Laboratories from Indiana which happened in 1989 in the United States District Court. It was about an order that was placed by the plaintiff – Corinthian Pharmaceutical Systems Inc. over the Defendant’s telephone computerized ordering system regarding 1000 vials of vaccine. Lederle raised the price of the vaccine and Corinthian brought the action into the Court. The Court concluded that the price lists that were distributed by Lederle were invitations to the customers for them to make offers to the distributor. So in the case of Corinthian, when he called and made an order to Lederle, he was simply making an offer to him. This case is important due to the fact that it set the precedent that online price list constitute invitations to treat, so the Corinthian case is replicated day by day online.
A: According to a project of the American Bar Association Joint Working Group on Electronic Contracting Practices it was concluded that a four part test must be satisfied in order to be sure that a user agreed to a browse-wrap agreement. The test is formed of the following: 1. the user is given adequate notice of the existence of the