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Online Contracts
Nearly 2 years have passed since the decision by the U.S. Court of Appeals for the Second Circuit in Specht v. Netscape Comm. Corp., 306 F.3d 17 (2002), threw what some thought was a large monkey wrench into online contract formation.
The practical effect of the decision, however, has not been as significant as had been feared, and businesses operating in cyberspace continue to successfully reach online agreements with end users and customers.
As a close reading of the Specht ruling and other decisions make clear, “clickwrap” and other online agreements that meet certain basic requirements for contract formation are, indeed, enforceable.
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