The ‘No-reading’ and Consent in Online Consumer Standard Form Contracting

Abstract

Like transactions in the paper world, online consumer transactions are dominated by standard form contract terms. The online era has brought with it various mechanisms of entry into agreements, including shrink wrap, click wrap and browse wrap agreements. With increasing alacrity, consumers are mouse-clicking their way into standard form contracts on the internet. A major challenge with the otherwise called  online contracts  of adhesion  is the perception that consumers do  not often read or understand the fine-print terms and this makes it difficult to identify the requisite “meeting of the minds” or “mutual assent” of contract formation. When confronted by a lengthy and incomprehensible standard form contract, the response of many, if not most, consumers is to click “yes”’ – without reading the contract or giving it careful consideration. The paper examines how case law responds to the issues of no-reading and assent in an online consumer standard form environment. The paper recommends some practical guides for implementation of technique of legal agreements in the light of case law.

Keywords: consumer, standard form contract, terms and conditions, no-reading, assent

DOI: 10.7176/EJBM/11-17-02

Publication date:June 30^th 2019