Review article
Formulary contracts in the electronic form (The making of contracts by clicking the mouse – electronic manifestation of will via the Internet on a web page – Click wrap and Browse wrap contracts)
Tin Matić
; odvjetnik u Zagrebu, Hrvatska
Abstract
A click of a mouse on a web page is a very common form of manifestation of will. In its legal nature it is a sign which expressly and clearly manifests the willingness to make a contract. Formulary contracts in the electronic form are made by a click of the mouse. Two types of contracts which are made in this way are the click wrap contract and the browse wrap contract. Both are subcategories of adhesion contracts. Click wrap is a contract made electronically on the web page in the electronic form in which the purchaser, or the offeree, accepts the offer as a whole under the condition that the purchaser has seen (which does not mean s/he has actually read) the integral text of the adhesion contract. In the case of browse wrap contract, it is implied in advance that the party agrees with conditions and regulations of a browse wrap contract by the fact that s/he searches the web page on which the contract is made (primary page) regardless of whether s/he browses or/and enters the WEB page which contains the above mentioned conditions (secondary page). Both types of contract have been accepted world-wide, and there are more or less standardised conditions for their validity related to the specific character of the electronic form, or electronic method of contract making.
Keywords
formulary contracts; electronic form; click wrap contract; browse wrap contract
Hrčak ID:
22007
URI
Publication date:
22.4.2008.
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