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Browse-wrap terms and their validity as contracts under English law

Browse-wrap terms and their validity as contracts under English law
Published on: 09 October 2018
Published by: LexisPSL
  • Browse-wrap terms and their validity as contracts under English law
  • Are browse-wrap (as opposed to click-wrap) terms likely to be valid as contracts under English law? Might there be a difference in outcome between business to business (B2B) and business to consumer (B2C) arrangements?
  • Are there any relevant English law authorities?
  • Are there cases from other common law jurisdictions which may indicate the approach the English courts would take to browse-wrap terms?
  • To the extent, if they aren’t valid as contracts, could they still serve a purpose as ‘notices’, and if so what matters might be addressed? Might there be a difference in outcome between B2B and B2C arrangements?
  • To what extent are browse-wrap terms likely to be practically or legally useful in B2B or B2C contexts?

Article summary

Commercial analysis: When will browse-wrap terms be valid as contracts? Nick Phillips, partner in Intellectual Property and IT for Edwin Coe LLP, analyses leading cases from the UK and overseas on the validity of browse-wrap terms in e-commerce. or take a trial to read the full analysis.

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