Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Predicting The Enforceability Of Browse-Wrap Agreements In Ohio, Sam S. Han
Predicting The Enforceability Of Browse-Wrap Agreements In Ohio, Sam S. Han
Sam Han
Internet-based commerce has now reached a level where Internet-based businesses, such as amazon.com or ebay.com, sometimes generate more revenue than their brick-and-mortar counterparts. In view of the growth in Internet-based businesses, the courts have been forced to address unconventional contracting mechanisms, such as shrink-wrap, click-wrap, and browse-wrap agreements. Much of the scholarly writing, as well as court opinions, reach a consensus that browse-wrap agreements will be enforceable if there is: (a) sufficient notice of the agreement terms; and (b) clear manifestation of assent to the terms. However, there is very little guidance on how much notice will constitute "sufficient notice." …
Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner
Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner
All Faculty Scholarship
This piece is intended to show Japanese law students how their own everyday experiences raise significant domestic and international legal questions. It shows that a seemingly technical matter need not be boring, but can provide an example of practical application of law internationally and of the benefits that knowledge of foreign law can bring in assisting in understanding and improving domestic law. It discusses standard terms in licenses of information and software.
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
All Faculty Scholarship
Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
All Faculty Scholarship
This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of …