S.A 2020/21 B.E CIVIL LAW | Question #9
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #9
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Your significant other shows you a laptop screen on which a mandatory question for the installation of an app appears.
The question reads: “Do you agree to the terms and conditions of use?” There are two buttons indicating alternative responses: one is labeled “Agree”; the other is labeled “Disagree.”
The terms and conditions of use are not shown on the screen. Neither is there a hyperlink that can be clicked that would reveal the terms and conditions of use of the app being installed.
Curious why the terms and conditions of use are not available, you search the internet and come across media articles revealing that the terms and conditions of use allow the app provider to access a user’s contact list, emails, and browsing history. These pieces of information are sold to advertisers who, in turn, tailor their emails to users so that they can engage in targeted advertising based on the users’ profiles.
Knowing that you are taking the #BestBarEver2020_21, your significant other asks you this legal question: By clicking on “Agree,” will there be a “meeting of the minds” between the user and the app provider enabling access to the user’s contact list, emails, and browsing history? Explain briefly.
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SUGGESTED ANSWER:
No, there was no meeting of the minds between the user and the app provider. One of the essential requisites of contracts is consent, which is manifested by the meeting of the offer and acceptance upon the thing and the cause which are to constitute the contract (Civil Code, Art. 1318). Thus, the consent should pertain to the acceptance of the object and the cause. In addition, the acceptance will only result in a perfected contract if the offer is certain or definite. Since the terms and conditions of use were not linked to the “Agree” button, such that a customer can be assumed to have read and accepted such terms and conditions prior to clicking the “Agree” button, it could not be said that there was a perfected contract between the parties.
Code: S.A 2020/21 B.E CIVIL LAW | Question #9
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