The IT Law Wiki

This wiki's URL has been migrated to the primary fandom.com domain.Read more here

READ MORE

The IT Law Wiki
Advertisement

Definition[]

“Whether governed by the common law or by Article 2 of the Uniform Commercial Code (UCC), a transaction, in order to be a contract, requires a manifestation of agreement [assent] between the parties.”[1] "[A] consumer's clicking on a download button does not communicate assent to contractual terms if the offer did not make clear to the consumer that clicking on the download button would signify assent to those terms."[2]

References[]

  1. Specht v. Netscape Comm. Corp., 306 F.3d 17, 28 (2d Cir. 2002) (full-text).
  2. Id. at 29-30.
Advertisement