Go to this text’s Web site at academic. cengage.com/blaw/clarkson and select “Chapter 19.” Click on “Video Questions” and view the video titled E-Contracts: Agreeing Online. Then answer the following questions.
(a) According to the instructor in the video, what is the key factor in determining whether a particular term in an online agreement is enforceable?
(b) Suppose that you click on “I accept” in order to download software from the Internet. You do not read the terms of the agreement before accepting it, even though you know that such agreements often contain forum-selection and arbitration clauses. The software later causes irreparable harm to your computer system, and you want to sue. When you go to the Web site and view the agreement, however, you discover that a choice-of-law clause in the contract specifies that the law of Nigeria controls. Is this term enforceable? Is it a term that should be reasonably expected in an online contract?
(c) Does it matter what the term actually says if it is a type of term that one could reasonably expect to be in the contract? What arguments can be made for and against enforcing a choice-of-law clause in an online contract?