Affirmative Act Of Agreement Contracts

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Affirmative Act Of Agreement Contracts

• Richard Warner

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Affirmative Act Of Agreement Contracts

• Example a legal terms and conditions
  hyperlink is close to the submit button one
  clicks on to send credit card payment
  information, and below the button it says,
• This sale is governed by the contract accessible
  through this link. By clicking on this button you
  agree to these terms and conditions.
• Courts routinely enforce these contracts.

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Non-Internet Analogy

• In Carnival Cruise Lines, the a couple in
  California contracted to take a cruise that began
  in Florida.
• The cruise did not go well, and the couple sued
  for breach of contract. They sued in California
  although the contract required that they sue in
  Florida.
• The couple argued that they had not read the
  contract.
• The court enforced the contract anyway.

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The Duty To Read

• If
• you have an adequate opportunity to read and
  understand an agreement,
• and you enter into the agreement without reading
  it,
• the law will, within broad limits, treat you as
  if you read and understood the agreement.

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Caspi v. Microsoft

• The scenario presented here is different because
  of the medium used, electronic versus printed
  but, in any sense that matters, there is no
  significant distinction. The plaintiffs in
  Carnival could have perused all the fine-print
  provisions of their travel contract if they
  wished before accepting the terms by purchasing
  their cruise ticket. The plaintiffs in this case
  were free to scroll through the various computer
  screens that presented the terms of their
  contracts before clicking their agreement.
  (emphasis added, (732 A.2d 528 (1999))