Unfair terms in 'clickwrap' and other electronic contracts

Clapperton, Dale M. and Corones, Stephen G. (2007) Unfair terms in 'clickwrap' and other electronic contracts. Australian Business Law Review, 35. pp. 152-180.

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Abstract

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.

ID Code:	7650
Item Type:	Journal Article
Keywords :	clickwrap, shrinkwrap, browsewrap, electronic contracts, unfair terms, unconscionability, consumer protection, EULA, end user licence agreement, HCA09
ISSN:	0310-1053
Subjects:	Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions:	QUT Faculties and Divisions > Faculty 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:	02 Jul 2009 01:56

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