Table of Contents

Research Handbook on Electronic Commerce Law

Research Handbook on Electronic Commerce Law

Research Handbooks in Information Law

John A. Rothchild

The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.

Chapter 1: Wrap contracting and the online environment: Causes and cures

Nancy S. Kim

Subjects: law - academic, commercial law, internet and technology law, law -professional, technology, media and telecommunications law


Online contracts, such as website terms of use, are typically ignored by consumers yet courts and companies treat them as binding contracts. This chapter explores the origins of online contracts and the development of the law in this area. Companies have adopted novel contracting forms in response to business and marketplace needs and courts have adjusted contract law to accommodate them. The burdens of these new contracting forms, however, have been placed primarily upon consumers. This chapter suggests ways that contract law could further evolve to more evenly balance the burdens of online contracting.