JLight Legal Exercise 5

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Baker College *

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201

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Business

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Feb 20, 2024

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LEGAL EXERCISE 5 Jeannine Light Baker College Bus2010 Professor Melissa F. Manela, J.D. February 8, 2024

There are a couple ways that these contracts adhere to the traditional contract elements. The first is offer and acceptance. By delivering a concise offer, included in the terms and conditions, and gaining explicit acceptance through the user's intentional clicking, click-wrap contracts closely follow conventional contract law. This conforms to the traditional contractual process in which parties clearly indicate their mutual agreement. Another way is consideration. In order to be enforceable, click-wrap and browse-wrap agreements must take into account the principle of mutual exchange of benefits and detriments, which is a part of all contracts. In my opinion, the act of using a service or website is seen as advantageous, while complying with the terms and conditions is the corresponding disadvantage. However, there are obstacles to enforcing these contracts. One such obstacle is notice and awareness.Courts may doubt the legality of terms that are not clearly displayed or readily availa ble to users, raising issues with notice and user awareness in browser-wrap contracts. Also, online contracts may not always be enforceable because of unconscionability, which is the area in which judges examine whether a contract's terms are unduly advantageous to one party, especially where there are large power disparities. In essence, click-wrap and browse-wrap internet contracts are creative reactions to the changing requirements of online shopping. The difficulties browse-wrap contracts confront highlight the importance of fairness and clear notice in contractual relationships, even though click-wrap agreements easily mesh with well- established legal norms. Legal frameworks need to develop in the same degree as technological advancements, to protect contract law's integrity in the ever-changing digital landscape.

References: Clickwrap vs. Browsewrap: What’s the difference? Ironclad. (2023, December 7). https://ironcladapp.com/journal/contracts/clickwrap-vs-browsewrap/#:~:text=Clickwrap %20requires%20users%20to%20provide,on%20assumed%20or%20implied%20consent . Woods, T., & Day, C. (2023, August 22). Online click-through contracts: Clickwrap, Browsewrap, everywhere a wrap-wrap. Corporate Counsel. https://www.law.com/corpcounsel/2023/08/22/online-click-through-contracts-clickwrap- browsewrap-everywhere-a-wrap-wrap/?slreturn=20240105220645

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