A US district Court has held that a common form of internet based contract was enforceable. In Hotmail Corporation -v- Van Mooney Pie Inc ND cal.20 April 1998, the Court held that a party was bound to contractual terms to which it consented by clicking an on screen icon on a website.
In this case the Plaintiff company provided a free e-mail service on terms and conditions which were outlined on screen. The Defendant agreed to the terms by selecting an icon and "clicking" his agreement. The Defendant breached a term of the contract by using the service to send junk e-mail. The Court had to decide , as a preliminary issue , whether the "click wrap " agreement was enforceable.
There are no decisions , to date, in the UK or Ireland on the enforceability of "click wrap" or "shrink wrap" agreements.
This article was intended to provide general guidelines. Specialist advice should be sought about specific facts.
