Study On Free Web Service Contract

Free web service contract is a new type of service contract in virtual networkenvironment. It is not the same with the service contract in the past, which isparticular in its forming, variation and breach. Therefore, the traditional contract lawtheory cannot be completely applied to it. This paper focuses on the particularity offree web service contract and the legal issues followed by. According to currentsituation of free web service contract, this thesis defines and analyses the particularityof this kind of contract chronologically. It summarizes the unique legal issue whichwe might encounter and develops the particularity and legal issue in three phrases-forming, variation and breach. The primary coverage of each chapter is as follows.The first chapter is an overview of free web service contract. This chapterdefines the concept, type and property of free web service contract and compares withother similar contracts, such as unpaid contract and traditional service contract. Thischapter also presents the particularity of this kind of contract, followed by the speciallegal issues. The second chapter presents forming and effect. This chapter analysesand compares the essential factors of contract forming and effect. The forming partinvolves offer and commitment, forming time and place, etc. As for effect part,Doctrine of Consideration in Anglo and American law has been cited to dig intoconsideration part of free web service contract. The third chapter presents variationand termination. During contract performing, variation and termination mightemerged. Therefore, it is necessary to discuss the essential factors, procedures andefficiency of contract variation and termination. The fourth chapter develops breachand relief, which mainly focuses on the doctrine of fixation and bearing form ofliability for breach of contract. Special contract relief has also been mentioned.