Essays on E-Bay Australia Written Contract Case Study

Download full paperFile format: .doc, available for editing

The paper "e-Bay Australia Written Contract" is a decent example of a Business case study. e-Bay Australia written contract governs the use of its services at its site as well as general principles of its international affiliates. The intention is to make the site a safe place to buy and sell and to promote trust among the users. Before becoming a member of eBay, users have to agree on all the terms and conditions. By accepting the agreement, the user is bound by it as well as the terms and conditions of other eBay websites if he or she uses those websites.                       Some of the complicated terms used in the contract include “ sole discretion” “ passive conduit” “ eBay privacy policy is incorporated into this user agreement by reference” , “ provide our web site and services on an “ as is” basis” , “ conditions express, implied or statutory” , “ merchantability. ” In addition, “ non-excludable condition or warranty” “ liability is limited to the greater of” , “ severable” , and “ retractable” .                       Sole discretion is a phrase consisting of two words; sole and discretion: ‘ sole’ means pertaining to an individual whereas discretion means at one’ s option or pleasure or the right or power to act or decide according to one’ s own judgment; freedom of choice or judgment (Infoplease 2014).

Combined sole discretion means keeping a secret. The phrase by reference means ‘ in relation to or as regards’ . Passive conduit comprises of two words ‘ passive’ and ‘ conduit’ . Passive means without active resistance or response whereas conduit refers to something or someone that is used as a means of sending something from one person or place to another (Merriam-Webster 2014; Oxford English Dictionary 2008). The phrase “ as is” means in the present existing condition without change or amend. Express conditions are those that are agreed between the parties themselves, implied conditions are those that are inferred from actions, signs or facts, or by silence or inaction whereas statutory are those stipulated by the law (e-lawresources. co. uk 2014; Gulshan 2012).

A good case in point when companies conduct businesses in foreign countries-they impliedly agree to be bound by the statutes or laws of the foreign country and to be subject to the jurisdiction of the foreign state.


Attwood v Lamont [1920] 3 KB 571

Bettini v Gye [1876] 1 QBD 183.

Cambridge Advanced Learners Dictionary 2008, Cambridge University Press. Print.

Campbell, D 2011, International Agency and Distribution Law, 2ed, Center for International Legal Studies.

Center for International Legal Studies 2014, International Consumer Protection, Juris Publishing Inc, New York.

e-Bay Australia 2014, Registration-User Agreement, viewed September 22, 2014,

e-lawresources 2014, Contents of a Contract-Terms, viewed September 19, 2014, http://www.e-

Goldring, J, Maher, L, McKeough, J & Pearson, G 1998, Consumer Protection Law,5ed, The Federation Press.

Gulshan, S 2012, Business Law, 4ed, Excel Books.

Infoplease 2014, Dictionary, viewed September 19, 2014,

Koffman, L & MacDonald, E 2010, The Law of Contract, Oxford University Press, Oxford, UK.

Longman English Dictionary 2014. Print.

Merriam-Webster2014, Dictionary, viewed September 19, 2014, http://www.merriam-

Macdonald, E & Atkins, R 2014, Koffman and MacDonald’s Law of Contract, Oxford University Press, Oxford, UK.

OECD 2010, Consumer Policy Toolkit, OECD Publishing.

The Oxford English Dictionary 2008, 11ed. Print.

Poussard v Spiers [1876] 1 QBD 410

Rentokil Pty Ltd v Lee [1995] 66 SASR 301

The Free Dictionary, Merchantable, viewed September 19, 2014, http://legal-

Wallis Sons & Wells v Pratt & Haynes [1910] 2 KB 1003.

Download full paperFile format: .doc, available for editing
Contact Us