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When is a contract formed by the browse-wrap process? / E Macdonald, Elizabeth Macdonald

International Journal of Law and Information Technology, Volume: 2011, Issue: 19(4), Pages: 285 - 305

Swansea University Author: Elizabeth Macdonald

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DOI (Published version): 10.1093/ijlit/ear009

Abstract

The purpose of this article is to consider the approach which should be taken to determine whether a browse-wrap contract has been formed. As acceptance of such contracts is by an action, which could occur without reference to the offer, the fundamental question must be considered as to whether an a...

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Published in: International Journal of Law and Information Technology
ISSN: 0967-0769 1464-3693
Published: Oxford Universsity Press 2011
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URI: https://cronfa.swan.ac.uk/Record/cronfa8454
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Abstract: The purpose of this article is to consider the approach which should be taken to determine whether a browse-wrap contract has been formed. As acceptance of such contracts is by an action, which could occur without reference to the offer, the fundamental question must be considered as to whether an acceptance can take place without subjective knowledge or intention. However, the rules which should be applied in principle in implementing an objective approach to such contracts will be considered. They will be seen to be restrictive of when a contract will be found and it will be contended that the objective line can therefore be maintained.
College: Hillary Rodham Clinton School of Law
Issue: 19(4)
Start Page: 285
End Page: 305