Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent
30 Pages Posted: 15 Jul 2010
Date Written: November 1, 2001
Although case law surrounding click-through agreements is still very sparse, it has evolved sufficiently to discern trends and policies in the small number of cases decided so far. These trends and policies can assist transactional lawyers in advising clients on setting up and using electronic form contracts. They also can assist litigators in continuing to argue and settle disputes on click-through agreements. The Working Group on Electronic Contracting Practices, within the Electronic Commerce Subcommittee of the Cyberspace Law Committee of the Business Law Section of the American Bar Association, assembled a set of fifteen Strategies for avoiding disputes on the validity of the mutual assent process, as well as a bibliography of existing United States and Canadian case law and commentary on click-through agreements. It presented the Strategies and the accompanying bibliography at the ABA Annual Meeting in Chicago on August 5, 2001. That document, slightly modified based on feedback from that presentation, appears at the end of this Article.
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
Keywords: click-through agreements, contracts, cyberspace law, mutual assent, transaction
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
By Orin S. Kerr