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SSRN Electronic Journal
Article . 2007 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.7916/d8p...
Other literature type . 2008
Data sources: Datacite
https://dx.doi.org/10.7916/d83...
Other literature type . 2008
Data sources: Datacite
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Just One Click: The Reality of Internet Retail Contracting

Authors: Mann, Ronald; Siebeneicher, Travis;

Just One Click: The Reality of Internet Retail Contracting

Abstract

This Essay explores the enforceability and presence of pro-seller contract terms in internet retail contracts. Analyzing case law on internet contract enforceability and a survey of 500 firms’ websites, it demonstrates that even the enforceability of many internet contracts is questionable. It then presents new data that suggest that the prevalence of pro-seller contract terms is far less than usually assumed. It suggests that the benefit of making these terms enforceable is outweighed by the loss of user friendliness required for the necessary interface changes. Finally, it uses fresh statistical analyses to determine what relationship, if any, exists between enforceability, pro-seller contract terms, business size, product channel, or product type. Generally, it concludes that the contract literature has likely overestimated the benefit of the pro-seller contract terms and underestimated the role internet contract terms play in informal enforcement; unenforceable terms may still serve as guideposts to dispute resolution.

Country
United States
Keywords

Electronic commerce--Law and legislation, 330, FOS: Law, Contracts, Law, Finance

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Top 10%
Average
Green
bronze