New York Business Lawyers

Enforceability of Web Site Click Wrap Agreements in States Other than New York

by / Friday, 23 April 2010 / Published in Technology & eCommerce

Social Media for Lawyers

As click wrap agreements have become the norm, courts are increasingly tasked with testing their validity.  For the most part, they have been upheld both as a concept and with regard to their specific clauses.  However, there are some flashpoint cases that should be kept in mind, as they demonstrate that some courts in some states may attack certain clauses.  The attacks and subsequent refusal to uphold these clauses stems from traditional notions of fairness and public policy that governs all contracts.

This Shidler Journal of Law Journal article by Rachel Cormier Anderson does a good job of outlining these cases (up till 2007) and analyzing the specific bases on which the court made its decision.  It is a good read for anyone with an e-commerce or social media business/platform.

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