The Enforceability Of “click-wrap” And “browse-wrap” Agreements

When registering with an e-commerce website, the customer is often asked to click on an “I Accept” button attached to an agreement governing the use of that website. In most cases, this creates an enforceable contract, which is called a “click-wrap” agreement. Browse-wrap agreements, although they do not require the user to click on a button, have also been found enforceable under certain conditions.

The following questions have been addressed in this article:

Are Click-Wrap Agreements Enforceable?
Are Browse-Wrap Agreements Enforceable?
What Happened in Specht v. Netscape?
Are there any Other Recent Cases on the Enforceability of Click-Wrap and Browse-Wrap Agreements?
What could E-Commerce Sites do in order to create Enforceable Click-Wrap or Browse-Wrap Agreements?


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