Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent

30 Pages Posted: 15 Jul 2010

See all articles by Christina L. Kunz

Christina L. Kunz

Mitchell Hamline School of Law

Maureen Del Duca

Federal Communication Commission - Investigations and Hearings Division

Heather Thayer

Fredrikson & Byron

Jennifer Debrow

Gray, Plant, Mooty, Mooty & Bennett, P.A.

Date Written: November 1, 2001

Abstract

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

Kunz, Christina L. and Del Duca, Maureen and Thayer, Heather and Debrow, Jennifer, Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent (November 1, 2001). Business Lawyer, Vol. 57, No. 1, 2001, William Mitchell Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=1640196

Christina L. Kunz (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Maureen Del Duca

Federal Communication Commission - Investigations and Hearings Division ( email )

445 12th Street SW
Rm. TW-B204
Washington, DC 20554
United States

Heather Thayer

Fredrikson & Byron ( email )

Minneapolis, MN
United States

Jennifer Debrow

Gray, Plant, Mooty, Mooty & Bennett, P.A. ( email )

3400 City Center
33 South Sixth Street
Minneapolis, MN 55402-3796
United States

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