Online Contracting: New Developments

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