E-Commerce and Mutual Assent

Question 1

Internet services

Answer 1

Internet services still require an objective manifestation of mutual assent based on words and actions

• If user does not have to take any action to manifest intent, then they have not agreed to terms of agreement
• Downloading is not an unambiguous indication of assent. The user must indicate assent to the agreement before it becomes effective

Question 2

E-Commerce and Mutual Assent

General Rule

Answer 2

Rule: When user is aware of the terms of agreement and still take the benefit of the offer, that amounts to acceptance

Question 3

If the seller’s website fully disclosed the proposed terms to the buyer in a document that the buyer must have seen before the buyer indicated assent, then

Answer 3

the odds are very good that a court interpreting Article 2 would conclude that all of the terms in the seller’s set of proposed terms will become part of the contract.