Review article
ONLINE CONTRACTS – SHRINKWRAP, CLICKWRAP AND BROWSEWRAP CONTRACTS
Dubravka Klasiček
; Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek
*
Amalija Bratek
; Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek
* Corresponding author.
Abstract
Entering into a contract by accepting the pre-drawn conditions of one party, significantly speeds
up, facilitates, and lowers the costs of its conclusion while on the other hand it entails certain
negative consequences for the person who agrees to the conditions drawn up by someone else.
When concluding such contracts, the party who agrees to them does not have the opportunity
to negotiate their content, that person can only agree to or refuse them. A huge number of such
contracts are concluded online today, without many of those who conclude them being aware
of it at all.
Today, three types of contracts that are concluded by accepting terms of use of various internet
platforms are most often mentioned, but it should be taken into account that many platforms
do not have one “pure” type of this contract, but a combination of them. These three types
are shrinkwrap, clickwrap, and browsewrap contracts, where the main difference is in the
way the user agrees to them. In this paper, the authors will discuss these types of contracts,
explaining their basic similarities and differences, their basic characteristics together with
problems associated with them.
Keywords
online contracts; browsewrap; clickwrap; shrinkwrap; terms of use; internet platform
Hrčak ID:
319158
URI
Publication date:
12.7.2024.
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