Survey of the Law of Cyberspace: Electronic Contracting Cases 2008-2009

13 Pages Posted: 23 Jul 2009 Last revised: 23 Jul 2015

See all articles by William L. Reynolds

William L. Reynolds

University of Maryland Francis King Carey School of Law

Juliet M. Moringiello

Widener University - Commonwealth Law School

Date Written: July 21, 2009

Abstract

In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed to the terms, one case in which formation by the exchange of e-mail messages was at issue, and one in which plaintiffs argued, unsuccessfully, that they were third-party beneficiaries of the Craigslist Terms of Use. Finally, our last case addresses a question not unique to, but common in, electronic contracting cases: does Article 2 of the Uniform Commercial Code govern the transfer of software?

Keywords: contracts, electronic contracts, cyberspace, terms of use

Suggested Citation

Reynolds, William L. and Moringiello, Juliet M., Survey of the Law of Cyberspace: Electronic Contracting Cases 2008-2009 (July 21, 2009). Business Lawyer, Vol. 65, p. 317, 2009, U of Maryland Legal Studies Research Paper No. 2009-31, Widener Law School Legal Studies Research Paper No. 09-16, Available at SSRN: https://ssrn.com/abstract=1437162

William L. Reynolds

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Juliet M. Moringiello (Contact Author)

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States
717-541-3917 (Phone)

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