Analysis of a Clickwrap Contract Assignment

LGST 369 Legal Studies

Questions:

1. What “clickwrap” contract have you found? Attach it. (5 marks) Both Telus and Norton contracts are attached to this assignment. 2. Who are the parties to the contract? If there is a clause defining this quote, it in your answer. (5 marks)

3. 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)

4. 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)

5. 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)

6. 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

7. Explain your answer, and provide the interpretation you believe should be used. (30 marks)

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