Affirmative Act Of Agreement Contracts Richard Warner

Example: a “legal terms and conditions” hyperlink is close to the “submit” button one clicks on to send credit card payment information, and below the button it says,  “This sale is governed by the contract accessible through this link. By clicking on this button you agree to these terms and conditions.” Courts routinely enforce these contracts. Affirmative Act Of Agreement Contracts

Non-Internet Analogy In Carnival Cruise Lines, the a couple in California contracted to take a cruise that began in Florida. The cruise did not go well, and the couple sued for breach of contract. They sued in California although the contract required that they sue in Florida. The couple argued that they had not read the contract. The court enforced the contract anyway.

If  you have an adequate opportunity to read and understand an agreement,  and you enter into the agreement without reading it, the law will, within broad limits, treat you as if you read and understood the agreement. The Duty To Read

“The scenario presented here is different because of the medium used, electronic versus printed; but, in any sense that matters, there is no significant distinction. The plaintiffs in Carnival could have perused all the fine-print provisions of their travel contract if they wished before accepting the terms by purchasing their cruise ticket. The plaintiffs in this case were free to scroll through the various computer screens that presented the terms of their contracts before clicking their agreement.” (emphasis added, (732 A.2d 528 (1999)) Caspi v. Microsoft