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Full-Text Articles in Contracts
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Brigham Young University Journal of Public Law
This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by decaying assent …
Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley
Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley
Brigham Young University Journal of Public Law
No abstract provided.