Incorporation of the Terms of the Contract
How are the terms of the contract incorporated? Most B2C contracts result in some inequality between the relative bargaining strength of the buyer and seller respectively. A business will typically be contracting with a significant number of individual consumers. Hence, the business will draw up a standard contract which incorporates the main provisions of their business terms into the contract and in most cases the buyer or consumer has no power to alter these terms. The first question arises as to whether these terms are incorporated into the contract or not. If the terms are not brought to the attention of the prospective customer before he/she agrees to the bargain then these terms may not be enforceable by the provider of the service/seller.
In the old days when computer software was more commonly delivered in a box containing disks to load into the computer, a Shrink Wrap licence was printed on the front of the product. This proved to be controversial in practice since the buyer was unaware of the terms of the licence unt英语论文网 【http://www.51lunwen.org】il they bought the product and opened the cellophane packaging.  The basic problem is whether there is a true consensus. In effect, the buyer is not aware of the entire contractual responsibilities s/he has entered into until s/he opens the box.
The leading Scottish case on Shrink Wrap licences is Beta Computers v. Adobe Systems. Scots Law appears to accept the legality of such methods. English law and American law were historically against this system due to the requirement of privity of contract. Scots law would impose contractual requirements on third parties by virtue of the jus quaesitum tertio. US law has finally come round to the idea.
The more secure way of incorporating the terms of the contract into the contract and now the preferred method is to use the Online Click Wrap acceptance where before you move onto the next webpage you must click ‘I accept.’ Thus, there is no confusion on either party as to what they have agreed, unless of course the terms on the computer screen were so small that the buyer could not read them!
A contractual framework for global e-commerce.

Legislative will throughout the world is moving towards clarity on contracting via a computerised network. There have been a number of international initiatives to address the legal issues of electronic contracting.

UNCITRAL
UNCITRAL is a UN body that proposes that certain world-wide standards be adopted to promote international business. UNCITRAL has promulgated a n 本文来自：英语论文网 【http://www.51lunwen.org】