Online Contracting: New Developments

The Business Lawyer 72:243 (Winter 2016-2017)

California Western School of Law Research Paper No. 17-5

12 Pages Posted: 4 Feb 2017

See all articles by Nancy S. Kim

Nancy S. Kim

California Western School of Law

Date Written: February 3, 2017

Abstract

Consistent with a more sophisticated understanding of online contracts, several courts seem to be acknowledging the folly of blanket assent to online terms and rejecting the view that notice that contract terms apply to the transaction means notice of (and assent to) all of the terms. They also seem to be paying more attention to the potential for altering digital terms. These courts are applying existing contract rules in a way that recognizes the burdens that wrap contracting formats place on consumers. Consequently, they are paying attention to website design, presentation of terms, and the process by which consumers must manifest assent to determine whether a contract was formed.

Keywords: wrap contracts, online contracts, clickwrap, browsewrap, shrinkwrap, ecommerce, consumer, contracts

JEL Classification: K12

Suggested Citation

Kim, Nancy S., Online Contracting: New Developments (February 3, 2017). The Business Lawyer 72:243 (Winter 2016-2017); California Western School of Law Research Paper No. 17-5. Available at SSRN: https://ssrn.com/abstract=2911220

Nancy S. Kim (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

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