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Abstract
To ensure the validity and enforceability of contracts formed electronically, one must consider the application of both 1. traditional contract principles to the new and developing technology and practices and 2. new e-commerce-specific case law and the new legislation. In doing so, one can better identify best practices to adapt existing law to accommodate e-commerce transactions. The Uniform Computer Information Transaction Act (UCITA) and the Uniform Electronic Transactions Act (UETA), were drafted and proposed to provide more general uniformity and understanding with regard to the validity and enforceability of electronic contracts. E-SIGN is a federal statute that generally gives legal effect, validity, and enforceability to electronic contracts and electronic signatures. Even where E-SIGN, UETA, or UCITA have been adopted, traditional contract law rules apply to the formation and use of electronic contracts. Online contract trust, integrity, nonrepudiation, security, online contract rules of conduct, consumer consent and protections, clickwrap agreements, and e-contracting tips are presented.