Survey of the Law of Cyberspace: Electronic Contracting Cases 2006-2007

34 Pages Posted: 19 Jul 2007 Last revised: 18 Feb 2008

See all articles by Juliet M. Moringiello

Juliet M. Moringiello

Widener University - Commonwealth Law School

William L. Reynolds

University of Maryland Francis King Carey School of Law

Abstract

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.

Keywords: contracts, electronic commerce, cyberspace

JEL Classification: k00, k12

Suggested Citation

Moringiello, Juliet M. and Reynolds, William L., Survey of the Law of Cyberspace: Electronic Contracting Cases 2006-2007. 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, Available at SSRN: https://ssrn.com/abstract=1000748

Juliet M. Moringiello (Contact Author)

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States
717-541-3917 (Phone)

William L. Reynolds

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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