Online Contracts and the Law of Contract: Intention and Formation

This assignment delves into the intricacies of online contracts, focusing on the core principles of contract formation. It examines the application of traditional contract law principles, such as offer, acceptance, and the intention to create legal relations, within the context of electronic transactions. The assignment requires analysis of relevant case law and academic commentary to assess how these principles are applied in the digital realm. The focus is on understanding the legal framework governing online contracts, rather than delving into contractual mistakes. The assignment must adhere to specific guidelines, including a word limit, referencing style (OSCOLA), font, and spacing, and should be submitted through the designated online platform. This assignment provides a comprehensive overview of contract formation in an online context, offering valuable insights into the legal challenges and considerations that arise in the digital age.

Assignment Title
"While the Brinkibon v Stahag Stahl und Stahlwarenhandelsgesellschaft
GmbH [1983] 2 A.C. 34 decision affords some general guidance,
experience to date shows that most web-based disputed contracts
produce issues of formation, intention to create legal relations and
contractual mistake. Basic principles of offer and acceptance have
featured in several accounts of errors being made in relation to goods
and services available in websites although, to date these disputes
have not produced a judgment."
Clark, Contract Law in Ireland, 7th Edn., 2013 p.30
In light of the above statement, discuss to what extent traditional rules
relating to offer, acceptance and intention to create legal relations can
apply to electronic or online contracts.
Refer in your answer to case law and academic commentary.
Note this question is examining you on the topic of “Formulation of a
Contract” and its relevant sub-topics. You are not required to critically
analyse issues relating to contractual mistake.
Submission Information and Presentation Guidelines
The submitted assignment should be 2,000 words in length. This does
not include reasonable footnotes. Referencing must be in accordance
with the OSCOLA referencing system.
Assignments should be typed in Size 12, Times New Roman Font, 1.5
spacing.
Please submit via the link on the Law of Contract moodle page.
Completed assignments must be uploaded as one document with the
first page being the Assignment Cover Page (available on the Law of
Contract moodle page).