Unfair Terms in 'Clickwrap' and Other Electronic Contracts
(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.
| Item Type: | Journal Article |
|---|---|
| Status: | Published |
| Keywords: | clickwrap; shrinkwrap; browsewrap; electronic contracts; unfair terms; unconscionability; consumer protection; EULA; end user licence agreement |
| Subjects: | 390000 Law, Justice and Law Enforcement > 390100 Law > 390104 Commercial and Contract Law |
| ID Code: | 7650 |
| Deposited By: | Clapperton, Dale |
| Deposited On: | 19 June 2007 |
| Copyright Owner: | Copyright 2007 Dale Clapperton and Stephen Corones |