BUSINESS ADMINISTRATION
BUSINESS LAW
Question
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Traditional contract
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E-contract
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Detailed explanation-1: -A browse wrap agreement is intended to be binding on the contracting party by the use of the website. Such contracts are usually used by websites wherein the continued use of a website by a user is deemed to be acceptance of its revised terms of use and other policies.
Detailed explanation-2: -An example of browsewrap where the terms are clickable: “By browsing this website, you acknowledge and agree that your access to information on these pages constitutes acceptance.” This paragraph has links for various items such as “Privacy Policy” or “Terms”.
Detailed explanation-3: -Related Content. A website agreement (typically the website’s terms of use or service) that aims to bind the user by virtue of the user browsing the website. Unlike a clickwrap agreement, browsewrap agreements do not require a user take action to affirm consent to be bound.
Detailed explanation-4: -In the browsewrap agreement, it is deemed that the user has accepted the terms and conditions. Thus, courts have discovered that it is not a binding or enforceable contract unless the website owner produces evidence that the user had actual knowledge of the terms and conditions consented through the website.