Click Agreements
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Grand Canyon University *
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220
Subject
Information Systems
Date
Apr 3, 2024
Type
pptx
Pages
5
Uploaded by ChiefArmadilloPerson633
Click Agreements Christopher Robinson
Click agreements have become increasingly prevalent in today's digital age, as nearly every app download prompts users to review terms and conditions before clicking "I agree" or "do not agree." However, many individuals worldwide are disregarding these terms, simply clicking "agree" without fully comprehending the implications. The ease of clicking agreements may lead some to believe that these contracts are less binding compared to physically signing a document. Consequently, people may be less aware of the contractual obligations they are entering into and the potential consequences of breaching these agreements.
Discussion
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A notable case, Feldman v. Google, Inc., highlights the significance of click agreements in legal disputes. Despite the plaintiff's argument that charges were fraudulent due to the lack of a signed contract, the court ruled in favor of Google because the plaintiff had clicked "I agree" to the terms and conditions before proceeding. This case underscores that click agreements hold the same weight as traditional written contracts, and individuals are held accountable for not reading and understanding the terms before accepting them.
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Similarly, Graff v. America Online echoes the importance of reading and adhering to click agreements. Individuals who clicked "I agree" were found to be in breach of contract when they later disputed the terms. The court upheld these rulings, emphasizing that accessing information online may constitute entering into an enforceable contract, regardless of whether individuals fully comprehend the terms.
Cases
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Should contracts/terms of service entered online by the click of an "I agree" button be enforceable?
In conclusion, these cases underscore the importance of treating click agreements with the same seriousness as traditional contracts. It is imperative for individuals to carefully read and understand the terms before agreeing, as online click agreements carry the same legal weight and obligations as their written counterparts.
References Cunningham, P. B., & Witkow, E. C. (2006, June 1). Click with caution: liability for breach of
click-wrap and browse-wrap agreements. The Computer & Internet Lawyer, 23(6).
https://eds-p-ebscohost-com.lopes.idm.oclc.org/eds/detail/detail?vid=13&sid=d05a8bc3-
863c-4f4f-bbOd-a99bebd0c62d%40redis&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcG
U9c210ZQ%3d%3d#db=edsbig&AN=edsbig.A147055689
Lawrence E. Feldman, Lawrence E. Feldman & Associates, Roseann E. Weisblatt, Elkins
Park, PA, William E. Angle, Lawrence E. Feldman & Associates, Jenkintown, PA, for Plaintiff.
https://scholar.google.com/scholar_case?case=12924449127890724535&q=click+a
greement&hl=en&as.
_sdt=806