Hubbert Vs Dell E-Contract Essay

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Reading the terms and conditions whenever a contract is involved is very important. The terms and conditions make you understand what you are agreeing to and also what rights you have if you decide to disagree in any other terms in the contact. In the Hubbert v. Dell Corp case we see the conflict between the buyers of computers and the company who makes them. The rules of law that would apply to this case would be the e-contract law, shrink-wrap rule, and click-on agreements.
Four people decided on buying computers from Dell Corp because they had read that these computers contained Pentium 4 microprocessors which makes them faster and way more powerful than other computers. Since Dell had advertised this they decided to buy the computers but …show more content…

For an e-contract rule to be valid the parties must voluntarily agree to the terms stated on the contract (Miller, 2015, pp. 277). Since the buyers stated that they had not agreed on binding arbitration, through the e-contract rule the contract itself would not be valid. In the other hand, Dell Corp could use e-contract rules on their favor because in the terms and conditions Dell had made sure to place a hyperlink for customers to read every single term slowly before they agreed and performed the purchase. Since these customers know how to use computers (they are buying computers after all) through the common sense rule they knew that whenever they see a hyperlink in blue they must click on it because more information is stated through that link ("No. 5-03-0643, Hubbert v. Dell Corp."). Dell Corp can also use the shrink-wrap rule since this is a form of agreement were the “terms and conditions” are placed inside the box customers receive were their computer has been shipped in (Miller, 2015, pp. 280). Even if the customers had not selected the hyperlink when they had made the purchase they had a second chance to get the information through the box were their goods were shipped in. If the customer had ignored these warning and terms then it is not the company’s fault. And the last but not least important rule of law that Dell Corp can use in their favor would be the click-on agreement rule.

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