AJ 025 Chapter Notes - Chapter 10: Shrink Wrap, Electronic Signature, Electronic Signatures In Global And National Commerce Act
8 Oct 2020
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Click-on agreements: an agreement that arises when an online buyer clicks on i agree or otherwise indicates her or his assent to be found by the terms an offer. Shrink-wrap agreements: an agreement whose terms are expressed in a document located inside a box in which goods (usually software) are packaged when you take off the wrap you essentially agree to keeping the goods. Shrink-wrap agreements and enforceable contract terms: the seller proposed a contract that the buyer could accept by using the product after having an opportunity to read the terms. Enforced terms in same way as other contracts. Shrink-wrap terms that may not be enforced: courts refuse certain terms incl. in shrink-wrap agreements that the buyer did not expressly consent to. Ordering a product over the phone and not knowing about clauses incl. until after the contract was entered (ie. arbitration)
