Manifestation of Consent in Click-wrap Agreements

Abstract

Click-wrap license agreement is a branch of electronic contracts that during last two decades has been subject to a great deal of disputes due to presumption of lacking assent as a building block of contract formation. Providing a package of predetermined terms to all users and the impossibility of negotiations between the parties to amend these contractual terms has led some experts to consider them to be unenforceable because of accession form and ambiguity of consent manifestation. However, by examining the judicial and legislative precedent of e-commerce in leading nations and by recognizing introduced measures in Iranian e-commerce law in the light of traditional rules of contract law, it is possible to find criteria which can be used as a means of inferring party assent and validity of these contracts. Therefore, adopting consumer protection provisions in e-commerce law would lead to provide clear and explicit presentation of contractual terms in a way that prevents ignorance and deception of users. This can be useful for ensuring consent of parties.

Keywords

• click-wrap agreement
• browse-wrap agreement
• consent
• e-commerce
• manifestation of consent