Title: Browsewrap Contracts Issue: Should Browsewrap contracts be enforceable? Facts: Browsewrap contracts are contracts that "agreements where a user enters Into an agreement without giving explicit consent to the terms and conditions." A browsewrap contract allows a user to download a list of terms and conditions for future reading and understanding. It is not an interactive document but rather can often be downloaded to the user's computer without the user having to read it. My position: Browsewrap contracts should not be enforceable in a court of law. Because there is no guarantee that the user has read, nor understands, the terms and conditions that they are agreeing to be bound by, the browsewrap contract is not a meeting of the minds. Rationale: When a vendor puts the terms and conditions into another area they are not disclosing the terms and conditions in an easy place for the client to find. This may lead to the client now knowing or understanding the terms and conditions that are part of the contract. This downloadable terms and conditions part of the contract is unfair to the client because they may not find the area that gives the terms and conditions and yet they will be bound to the terms and conditions of the browsewrap contract that they just entered into. The vendor may claim that the terms and conditions were available to the client for download and the buyer should be mindful that there are terms and conditions and should be able to figure it out on their own.

Week 8 Interactive Activity

Identify one issue from the weekly reading and create a Legal Issue Brief.

Your brief should be no more than one page and follow the format below.

Title (Issue in 2-5 words)

Student Name

Issue (1-3 sentences)

Facts (3-4 sentences)

Student position (2-4 sentences)

Rationale: (5-7 sentences)

Grading Criteria