ASSERTION OF NO OPPORTUNITY TO READ TERMS AS DEFENSE TO CLICKWRAP CONTRACT

In Via Viente Taiwan, L.P. v. United Parcel Service, Inc., U.S. Dist. Ct. (E.D. Tex. February 17, 2009), the plaintiff sought to invalidate a click-wrap agreement, asserting that it had not had the opportunity to read its terms. A federal court in Texas held that the click-wrap agreement between Via Vente and United Parcel Service was binding.

The following questions have been addressed in this article:

What is the nature of a click-wrap agreement?
Has the U.S. enacted legislation on the issue of click wrap agreements?
How do courts generally regard click-wrap agreements?

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