ware programs could not be used unless they were copied onto the hard drive of a computer.
Therefore, in an attempt to protect themselves the software producers included the shrink-wrap agreements into the software package.
However, are these agreements binding on the purchaser of the software
2. What constitutes a binding contract?
Under common law four basic essentials are required in order to create a binding contract; they are contractual intention , offer , acceptance and consideration. The question to ask is whether there has been a definite offer by one party and an unqualified acceptance by the other?
An offer is defined as an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the person to whom it is addressed. An offer may be made in writing , by words or conduct. However, the terms of the offer mus
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