Law Commons^™

The Boundaries Of Contact Law In Cyberspace, Leon E. Trakman

Leon E Trakman Dean

Cyberspace has introduced novel ways in which to conclude, perform and terminate agreements. It has also raised doubts about whether traditional principles of contract law can adequately regulate new categories of contracts like click-wrap and browse-wrap agreements that were unheard of a few decades ago. This article explores these exciting new developments. Starting with an examination of late Nineteenth and early Twentieth adhesion contracts and the law of unconscionability, it evaluates innovations in contracting that have evolved since then. Uncovering the complexities associated with “wrap” contracts and End User Licensing Agreements [EULAs], it scrutinizes how legislatures and courts have responded …