Kim, Nancy S. --- "Wrap contracting and the online environment: Causes and cures" [2016] ELECD 1171; in Rothchild, A. John (ed), "Research Handbook on Electronic Commerce Law" (Edward Elgar Publishing, 2016) 11

Book Title: Research Handbook on Electronic Commerce Law

Editor(s): Rothchild, A. John

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479917

Section: Chapter 1

Section Title: Wrap contracting and the online environment: Causes and cures

Author(s): Kim, Nancy S.

Number of pages: 24

Abstract/Description:

Online contracts, such as website terms of use, are typically ignored by consumers yet courts and companies treat them as binding contracts. This chapter explores the origins of online contracts and the development of the law in this area. Companies have adopted novel contracting forms in response to business and marketplace needs and courts have adjusted contract law to accommodate them. The burdens of these new contracting forms, however, have been placed primarily upon consumers. This chapter suggests ways that contract law could further evolve to more evenly balance the burdens of online contracting.