Understanding Clickwrap Contracts: Analyzing Clauses and Interpreting Legal Principles

Locating and Quoting Contract Clauses

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated. Instructions: This assignment should be done after studying Units 5 and 6 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.Who are the parties to the contract? If there is a clause defining this quote it in your answer. 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.) 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 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.) 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.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. Structure your answer following the Marking Rubric below. Marking Rubric Marking Criteria Mark 1. Attaches a copy of a “clickwrap” contract 2. Locates and quotes a clause or clauses identifying or defining the parties 3. Locates and quotes the relevant clause or clauses relating to disputes under the contract; explains what actions may be taken. /10 4. Provides an opinion about the contract wording and backs it up by quoting a clause that supports it. Finds and quotes another clause other than the one referred to previously that they think may be read in two or more different ways (is ambiguous) or is just unclear in its meaning; explains their view Selects the legal principle of interpretation which is most appropriate to apply for this type of “standard form” contract, explains this choice, and provides an interpretation that resolves the meaning of the clause referred to in question 5 in accordance with the principle