Contract Formation in an Internet Age

32 Pages Posted: 25 Apr 2011

See all articles by Amelia Rawls

Amelia Rawls

Yale University - Law School

Date Written: May 15, 2009

Abstract

Should the "mailbox" doctrine of contract acceptance be applied in technological contexts far beyond the nineteenth century context for which it was established? Among modern contracting parties, the e-mail inbox has largely replaced the postal mailbox and the near-instantaneous process of electronic communication can mimic the characteristics of a face-to-face discussion. Such technological advancements of the late-twentieth and twenty-first centuries pose a challenge to the doctrinal and normative rationales articulated by the Adams v. Lindsell court and other early "mailbox" rule advocates. Moreover, the advent of electronic communication has implications even for application of the "mailbox" precedent within the framework of postal and other traditional communication systems. Only a receipt-based contracting precedent, applied to technologies both new and old, can properly enhance inter-jurisdictional legal uniformity and incentivize efficient contracting behavior.

Keywords: Amelia Rawls

Suggested Citation

Rawls, Amelia, Contract Formation in an Internet Age (May 15, 2009). Columbia Science and Technology Law Review, Vol. 10, 2009. Available at SSRN: https://ssrn.com/abstract=1818330

Amelia Rawls (Contact Author)

Yale University - Law School ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
292
Abstract Views
1,078
rank
106,200
PlumX Metrics