Contracts, Trademarks, and European E-Commerce Law Case Study

Contracts, Trademarks, and European E-Commerce Law - Case Study Example Alfred uses written standard terms of business which include the term â€Å"All soft Ltd is not liable for the results of using this software†. The software costs Ј50, with a postage and packing charge of Ј5 if sent via DVD. Brian lives in another EU country (not the UK). He goes to Alfred’s website with the intention of downloading a copy of Alfred’s latest computer program for use in his own small business. He clicks on a â€Å"Download Now† button, inputs his address and credit card details, and is presented with Alfred’s contract terms as a ‘Click Wrap agreement. Brian scrolls down through the agreement without reading it, clicks an ‘I accept button at the bottom of the screen, and downloads the software. He then begins using it. assy lives in the UK. She goes to Alfred’s website with the intention of buying a copy of Alfred’s latest computer program on DVD, for her own personal use. She clicks on an â€Å"Order Now† button, inputs her address and credit card details, clicks a button that says Submit, and places her order. When the software arrives on DVD five days later, Cassy puts the DVD into her computer and is presented with Alfred’s contract terms as a ‘Click Wrap agreement. Cassy scrolls down through the agreement and notices the term â€Å"To the extent allowed by law, All soft Ltd is not liable for the results of using this software†. Cassy clicks an ‘I accept button at the bottom of the screen, and is then able to begin using the software. Alfred’s software is vulnerable to a new computer virus which infects Brian’s and Cassy’s computers and causes them to crash repeatedly. In consequence, Brian suffers an economic loss of Ј10, 000 due to the interruption in his business. Cassy suffers an economic loss of Ј100, which is the cost of taking her computer to a local servicer to get the virus removed and Alfred’s software uninstalled. Both Brian and Cassy contact Alfred, demanding to be compensated for the losses they have incurred.