Enforceability as A Contract Essay

Issue: Online retailers and service providers frequently have a variety of agreements that consumers must consent to, including purchasing terms, privacy policies, etc. Consumers or site users typically must click a box indicating their agreement to the terms listed.

Address the following issues:

·         Using what you know about the required parts of a contract, do these agreements constitute an enforceable contract? Address each contract requirement and whether this type of agreement meets each requirement. Explain in detail.

·         Is there anything that an online platform could do in structuring the agreement to aid in its enforceability as a contract?


When assessing whether the agreements presented by online retailers and service providers constitute enforceable contracts, it’s crucial to analyze each contract requirement:

  1. Offer: In online agreements, the terms and conditions, purchasing terms, privacy policies, etc., are typically presented to consumers as part of the checkout or registration process. By displaying these terms, the online platform is making an offer to the consumer to enter into a contractual agreement.
  2. Acceptance: Consumers signify their acceptance of the terms by clicking a box or button indicating their agreement. This action constitutes acceptance of the offer presented by the online platform. However, there may be issues regarding whether the consumer has actually read and understood the terms, especially if they are lengthy or complex.
  3. Consideration: For a contract to be enforceable, there must be an exchange of value between the parties. In the context of online agreements, consideration is typically provided by the consumer in the form of purchasing goods or services from the online retailer or service provider.
  4. Legality: The terms and conditions outlined in online agreements must not violate any laws or public policy. Generally, online platforms include provisions in their agreements to ensure compliance with applicable laws and regulations, such as consumer protection laws and privacy regulations.
  5. Capacity: The parties entering into the agreement must have the legal capacity to do so. In the case of online agreements, consumers are presumed to have the capacity to contract unless they are minors or lack the mental capacity to understand the terms.

Considering these requirements, online agreements generally meet the criteria for forming enforceable contracts. However, there are some considerations to ensure enforceability and fairness:

  • Clarity and Accessibility: Online platforms should ensure that the terms and conditions are presented clearly and prominently to users. This includes using plain language and providing summaries or explanations of key provisions.
  • Separate Consent: Users should be required to affirmatively consent to the terms and conditions separately from other actions, such as making a purchase or registering for an account. This helps to ensure that users are aware of and understand the terms they are agreeing to.
  • Notice and Opportunity to Review: Online platforms should provide users with notice of the terms and conditions before they agree to them and offer them the opportunity to review the terms in full. This can be achieved through pop-up notifications, links to the full terms, and checkboxes requiring users to confirm they have read and understood the terms.

By structuring the agreement in a clear, accessible, and transparent manner, online platforms can enhance the enforceability of the contract and mitigate potential disputes with users.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with Boom Grades
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
English comp
Got a 94% thank you!
Customer 452509, June 27th, 2021
Great content.
Customer 452549, February 8th, 2022
Exercise Science
Thank you so much for your time.
Customer 452545, December 5th, 2021
Public Health
Thank you so much !!
Customer 452589, November 28th, 2023
Religious studies
I recommend this service they always help. I got an A in this project thanks.
Customer 452507, October 5th, 2021
Absolutely LOVE having help especially from the person who wrote this last one. THANK YOU
Customer 452529, November 19th, 2021
english comp
Thank you for all your hard time.
Customer 452509, June 27th, 2021
Classic English Literature
Great Work as Usual. Thank you . I received an A on the paper!
Customer 452531, November 9th, 2021
Classic English Literature
Absolutely LOVE the essay I received. I really appreciate it so much.
Customer 452529, October 25th, 2021
world civilization
Thank you for the quick response
Customer 452509, June 27th, 2021
Thank you so much this looks great !!!!
Customer 452585, November 4th, 2023
Classic English Literature
Awesome Job... you are the best!
Customer 452531, November 27th, 2021
Customer reviews in total
Current satisfaction rate
3 pages
Average paper length
Customers referred by a friend
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat