Survey of the Law of Cyberspace: Electronic Contracting Cases 2006-2007
Juliet M. Moringiello
Widener University - School of Law
William L. Reynolds II
University of Maryland Francis King Carey School of Law
Business Lawyer, Vol. 63, p. 219, 2007
U of Maryland Legal Studies Research Paper No. 2007-28
Widener Law School Legal Studies Research Paper No. 08-06
In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.
Number of Pages in PDF File: 34
Keywords: contracts, electronic commerce, cyberspace
JEL Classification: k00, k12Accepted Paper Series
Date posted: July 19, 2007 ; Last revised: February 18, 2008
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