Unfair terms in 'clickwrap' and other electronic contracts
Clickwrap and other electronic contracts are in widespread use in markets for computer software and for many online services. When confronted by a lengthy and incomprehensible contract, the response of many, if not most, consumers is to click 'yes' – without reading the contract or giving it careful consideration. We have moved away from the traditional model of negotiated agreement on terms to the unilateral imposition by suppliers of terms, many of which are unfair. This article considers the failure of existing Commonwealth and State laws to deal with the problem and concludes that legislative intervention is necessary to protect consumers.
Impact and interest:
Citation counts are sourced monthly from and citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|Item Type:||Journal Article|
|Keywords:||clickwrap, shrinkwrap, browsewrap, electronic contracts, unfair terms, unconscionability, consumer protection, EULA, end user licence agreement|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2007 Thomson Legal and Regulatory|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||19 Jun 2007|
|Last Modified:||29 Feb 2012 13:35|
Repository Staff Only: item control page