Validity of Contract

Questions: 1. Is it a valid contract?2. Are visitors bound to it or should they have to click I Agree?3. If you have a dispute with Priceline, can you sue them? Why or why not?4. What changes would you recommend? Answers: 1. Validity of Contract The contract is not a valid contract which exists between the parties. An electronic contract requires fulfillment of all the essential requirement which is required to form a contract that is valid, which is that there should be an offer and acceptance, a consideration that is attached to to it and legal intention to form a relationship that is binding and the legal capacity of both the parties that are contracting(Carter, 2015). There are three main categories under which the online transactions may be classified primarily, the being the browse wrap, click through agreement and shrink wrap. The different steps particular to each of these contract are required to be followed to complete the formation of the contract. Thus a contract requires an agreement between the two parties, such an agreement after the same has been accepted cannot be changed unilaterally. Any variation in contract which is required to be made cannot be made unilaterally or under coercion, the same has been held under various case laws. Hartley v Ponsonby (Hartley v Ponsonby, [1857]) that when a promise is made for a payment that is in addition to the original then it would be enforceable only if some kind of legal benefit has been attached to the same.It was opined in the Douglas case (Douglas v. US District Court ex rel Talk America, [2007]) that where there is a clause in the contract which states that there will be unilateral changes without notice, it would be cumbersome to examine, as it would be required to compare the terms of the contract posted with the contract that exists for checking if there are any changes. This is neither sensible nor practical, and the rejection of such an obligation. 2. Agreement to the Terms and Conditions The visitors are bound to the agreement if they continue using the website, they are not required to press any I AGREE button. If however, they do not wish to be bound by the agreement they will be required to discontinue using the website. 3. Resolution of Dispute It is required to first to resolve nay dispute, problem or any claim which relates to the website and/or any related service or applications; the purchase, performance or use of any of products or services which are available on the website, any dealing within any of the customer, etc. by providing to the customer support a notice, if however the claim is not resolved during a period of sixty days an action can then be brought before the small claims court. The terms and conditions as per the agreement are to be governed by the laws of United States of America, State of Connecticut. Thus, can action can only be brought against Priceline after the a notice has been given to the customer support and the claim remains unresolved for a period of sixty days (Priceline.com, 2016).. 4. Amendments to be Made Amendments are required to make with respect to the clause which allows unilateral amendment of the contract. A method that can be followed is that the amendment should be made following all the essential requirement of a valid contract. References Carter, J. (2015). Contract law I. Chatswood: LexisNexis Butterworths. Douglas v. US District Court ex rel Talk America[2007]No. 06-75424. Hartley v Ponsonby[1857]7 EB 872. Priceline.com. (2016).Priceline.com - Travel, airline tickets, cheap flights, hotels, hotel rooms, rental cars, car rental. [online] Available at: https://www.priceline.com/static-pages/terms_en.html#section_noagencyrel [Accessed 24 Sep. 2016].