Viewing: October 2011

Postette: Excellent ABA Article About Web-Based Terms of Sale

I’ve written fairly often in these web pages about whether online terms and conditions are enforceable—partly because it’s a developing area of contract law, partly because I’m fascinated by the legal fiction that there’s a “meeting of the minds” between website owner and user, and partly because I’m waiting to see what happens when a […] Read More

A Good Example of a Browsewrap Checkout Screen

Kudos to Active.com for putting together an excellent browsewrap checkout screen. I had to navigate through the screen recently in order to sign up for the St. Louis Rock 'n' Roll half marathon. When courts determine whether to enforce online terms and conditions, they tend to focus on whether users had notice of the online […] Read More

Postette: Dangling Participles Are Bad News

I’m an unabashed infinitive splitter, but dangling modifiers are a different story. If the aim of a contract drafter is to be clear, concise, and unambiguous, dangling modifiers are bad news. They can create unintentionally interesting sentences, but they also are a breeding ground for confusion. Thanks to a recent tweet by Marilyn Bush LeLeiko […] Read More