Consideration is a vital element in the law of contracts, and it involves the gains that both parties must bargain for between themselves as they enter into the contract. In the terms and conditions provided by Napster, any customer who agrees to the terms and conditions gets into a legally binding agreement that is enforceable. Consideration for this contact is that Napster gain from the subscription payments from the customers who have agreed to the contact. The subscribers on the other side will gain by having access to services such as downloading, music streaming and web-based applications. Each party, therefore, provides something of value that induces the other to get into the agreement.
An offer is a promise to act or refrain from acting which is usually made in exchange for the promise to do the same ( Ayres & Ayres, 2012) . In this case, Napster promises to act, which is to provide products and services to the users on the promise that they accept to adhere to the terms and conditions provided. By reading the terms and conditions and accepting, the users make a promise to do the same. Therefore, the offer here is the promise that Napster makes to the willing users that it will provide certain products and services as long as the users agree to the terms and conditions.
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Acceptance is the expression of consent to the terms of an offer. Napster has made an offer to those willing to use its services that they must accept the terms and conditions and adhere to them. The intending user can express the consent to these terms and conditions, with the acceptance to adhere to them and that they are binding. Unless a part assents to the terms of an offer, then a binding contract does not exist. If customers do not assent to the terms and conditions of Napster, then there is no legally binding contract between the two.
Reference
Ayres, I., & Ayres, I. (2012). Studies in Contract Law . Foundation Press.
