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Contracts

Juliet M. Moringiello

Selected Works

Contracts

Articles 1 - 6 of 6

Full-Text Articles in Law

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

No abstract provided.


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds Dec 2007

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this survey, we discuss electronic contracting cases decided between July 1, 2007 and June 30, 2008. In addition to cases adding to the literature on the enforceability of online contracts, this survey includes cases discussing modification of online contracts, incorporation by reference, and unconscionability. We conclude that our common law is developing nicely to address the issues presented by internet contracting.


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds Dec 2006

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii Dec 2005

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.


Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello Dec 2004

Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello

Juliet M. Moringiello

This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective.


Signals, Assent And Internet Contracting, Juliet M. Moringiello Dec 2004

Signals, Assent And Internet Contracting, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.