One of the most commonly discussed contractual elements during this module tends to be that of capacity to contract, as Facebook really has no way to determine the sobriety, age, or mental competence of the person signing up for a Facebook account. Please try to diversify your discussion responses so that capacity is not the only contractual element assessed. Remember that other elements include offer, acceptance, and consideration
I am providing some links here to websites that may be helpful to you when you craft your response to the discussion prompt this week, as well as responses to other students:
- Elements of a Contract
- Children’s Internet Protection Act (CIPA)
- Facebook Statement on “Hate Speech”
You are also welcome to expand the discussion points this module, in order to provide a variety of perspectives on the issues. To that end, here is a list of additional questions that may help you to brainstorm about related issues:
- Does the use of Facebook bind the user to the terms of service described on the website?
- Does the use of Facebook create a valid and enforceable contract between the user and Facebook?
- Are any individuals other than the user and Facebook bound by the terms of service?
- Identify the elements of the contract created by using Facebook, if such a contract is created, including what offer is made and how it is tendered (e.g., what specific language creates the offer).
- If an offer is made, who accepts the offer, and how is such acceptance effected?
- What consideration supports the contract, if any?
- Are there any provisions in the terms of service that surprise you, or that may have questionable enforceability? Think critically about this portion of the question, and give your supported opinion about various nuances involved in the attempt to create a valid and enforceable contract within the online community. For example, is it possible that a contract is not formed because a Facebook user may not read or understand the terms of service? Is such a contract negotiable? Are there any terms that may be deemed to be unconscionable? How does the use of such online terms of service agreements impact the consumer’s perception of the consumer’s relationship with the online entity? If you are so inclined, outline an argument by which a Facebook user might successfully avoid some of the terms of service.