понедельник, 6 мая 2019 г.
E-Commerce - Case Study Essay Example | Topics and Well Written Essays - 4250 words
E-Commerce - issue Study - Essay ExampleSince separately party has their have sequel against each different discussing the gaucheries amongst parties separately for a better understanding of the issues shall be the norm of this paper. At the end of each case an advice will be given from my expression of the merits of each of the case. This case study involves A (Alfred), B (Bert), C (CDE Corporation), Freegames, and Freepcgames portal. Freepcgames is a portal that is involved in providing free computer game programs to its subscribers who pays a monthly subscription fee. Freegames is the topical anaesthetic company that represents Freepcgames. It should be noted that Freepcgames.com is a portal registered in the United States. From the facts of the case it is not patent if the part of Freegames or Freepcgames is a registered trademark or company brand name. Several parties each with their own interest and culpabilities have brought legal actions against one another to prot ect their rights and legal interests. I shall evaluate the merits of each case between the protagonists and the legal anchors if possible shall be used to provide a solid level for the critical analysis. In some cases I shall provide advice on what charge and the basis of the charges to bring the other party to court. There will be instances wherein I will be providing legal advice or defence for Freegames, since for all intents and purposes Freegames, is my client in this simulated legal situation. The legal advice provided herein remains a notional exercise and shall be a hyperbolic representation of an actual legal advice that may be provided to reason out legal issues for Freegames in the future that relates to the instant issues. A (Alfred) vs. Freepcgames.com From the facts of the case it is evident that the whole problem started with Alfreds use of his companys resources for personal gain. His case against Freepcgames,com for the recovery of his money shall not prosper be cause the case arose from his own negligence. A, agreed to the terms and condition of Freegames at the onset and therefore any problem arising from the use of his username and password combination is his responsibility. It should be noted that Duty of Cargon1 in order for civil wrong to settle against Freegames the claimant should have his hands dry and clean. Washing his hands of his own culpability and assigning turn on to Freepcgames contrary to the tenets of the law and it is against the ambit of human morality. Lord Atkin has set down the test when duties of c are arises in the following details of Donohue v Stevenson. You must take reasonable care to avoid acts or omissions which you house reasonably foresee would be likely to injure your neighbour. Who then, in law is my neighbour? The answers seems to be persons who are closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called into questions(per Lord Atkin 1932 AC 562 at p 580) It should be noted, that the username, password combination is the established means in which the identicalness of a person transacting business in the internet is established. With the express understanding of the user or customer of any internet based commercial entity that his username password combination is in fact his identity as far as this internet based commercial entity is concerned. A, therefore is not only judge to be more prudent in