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Courts Address Clickwrap and Electronic Contracting

This article reviews the various types of online agreements, including the more modern hybrid clickwrap transactions, as well as the characteristics of enforceable online agreements.

29 minute read March 29, 2013 at 10:25 AM
By
Richard Raysman and Peter Brown
Courts Address Clickwrap and Electronic Contracting

With downloadable software, e-commerce and streaming media services commonplace, individually negotiated consumer contracts have largely'been abandoned for practical reasons. Web pages or pre-installation screens typically contain standardized clickwrap agreements, which are intended to take the place of any direct bargaining between the parties.

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