Consumer purchases in Internet transactions account for hundreds of billions of dollars in annual sales, and that amount continues to grow. Concurrent with the creation and growth of this online marketplace is the establishment and development of contract law applied to determine the terms the parties agreed upon to govern their transaction.
Mutual assent to be bound to terms is essential for a contract to be formed. In connection with whether such assent had been given in an Internet transaction, courts have addressed “clickwrap” and “browsewrap” agreements. In a clickwrap agreement, the user is presented with an online presentation of proposed terms and takes affirmative action to note his agreement with those terms. In a browsewrap agreement, a transaction is conducted through a website where the terms and conditions are set forth on a home page or available through a hyperlink. There often is no affirmative action by the user to consent to those terms. The user is told that by conducting a transaction through the website, the user is agreeing to those terms.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]