… Part I of this Note will provide the relevant history of electronic contracts of adhesion, including a brief overview of the law with regard to various kinds of electronic contracts. In addition, this section will address the recent cases that involve the type of hybrid contracts Judge Weinstein reviewed. These cases contain fundamental differences in the interpretation of the law that go beyond the basic structure of the website contracting forms. For clarity, this paper will adopt Judge Weinstein’s term and call these contracts ‘sign-in-wraps’.
The fundamental differences between these contracts types will be addressed in Part II, as the judicial approaches and opinions on the contract requirements define the current judicial conflict. One area of conflict revolves around the requirements of notice and assent, which affects both the structure and content of sign-in-wrap contracts. A related area of contention is the ‘average Internet user’ standard that presumes Internet literacy, causing problems when that presumption is unfounded or unclear. Finally, Part II provides an analysis of the doctrine of unconscionability as it relates to electronic contracts, and specifically the sign-in-wrap …
Erin Canino, ‘The Electronic “Sign-in-Wrap” Contract: Issues of Notice and Assent, the Average Internet User Standard, and Unconscionability’, University of California, Davis Law Review vol 50 p5 (2016).