Introduction to Contracts

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One of the primary contractual issues that may arise from the use of Facebook is the legal obligation of the service provider to protect users’ private information. Even though users share their data and information on their consent, it is the legal responsibility of Facebook to protect that information from third party access and not to use data for reasons other than those stated in the service policy. Another contractual issue is the obligation of users to respect and abide by the terms of services provided. During the sign-up process, Facebook requires its users to agree to a set of terms. By agreeing to these terms, users consent to the sharing of information and are thus bound by the terms of service.
The primary constituents of a valid contract include an offer, ratification of the offer, consideration, mutuality of obligation, capacity, and certainty (“Main Elements constituting A Valid Contract”, 2013). These components are present in the case of Facebook and its users. Facebook offers to connect the world while empowering people to express themselves, to communicate, and to share experiences that matter to them (“Terms of Service”, 2018). Before joining Facebook, a user must accept the data policy and terms of use. Consideration is also involved as Facebook asks users to provide personal information to necessitate socialization. A mutual obligation exists between Facebook and users where users agree to abide by the terms of service while the company is responsible for safeguarding users’ privacy.

Facebook also ensures that all its users have a legal capacity to enter in the contract by clearly stating that services are for those above the minimum legal age (“Terms of Service”, 2018). Certainty is involved in the sense that the regulations are clearly outlined for users to understand the products offered as well as the associated risks. Hence, a valid contract exists between Facebook and users which promotes effective socialization while also protecting users’ sensitive information.
References
Main Elements constituting A Valid Contract. (2013). Retrieved from
https://www.lawteacher.net/free-law-essays/contract-law/main-elements-constituting-a-valid-contract-contract-law-essay.php
Terms of Service. (2018). Retrieved from https://web.facebook.com/legal/terms?_rdc=1&_rdr