Enforcement Of Browse Wrap Agreements

Contracts have existed for a long time. Contracts have entered a new form in the electronic age with the invention of the Internet. Shrink-wrap and click-wrap contract have been more common on the Internet and have faced litigation in the courts. A new form of agreements called browse-wrap agreements have become used more. Pollstar v. Gigmania Ltd., 00cv0567 (E.D.Cal., October 17, 2000) demonstrated that the courts are inclined to enforce browse-wrap agreements.

The following questions have been addressed in this article:

Where there any cases post-Pollstar that rendered a view on the enforceability on browse-wrap contracts?
What are legal issues surrounding the browse-wrap agreements?
What are some practical considerations for drafting online agreements?


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