Resource title information
Koornhof, P. (2013). The Enforceability of Incorporated Terms in Electronic Agreements. Speculum Iuris Vol 27(1) 3
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Academic journal articles
Description
This article seeks to evaluate the validity of different methods of incorporating terms into electronic agreements, and to what extent the use of such methods may influence the enforceability of the incorporated terms. The two most common methods of electronic incorporation, namely click-wrap and web-wrap, are discussed. It is argued that, irrespective of the method of incorporation adopted, incorporated terms would most likely be valid in light of the provisions of the Electronic Communications and Transactions Act. Despite this, due care must be taken in how the different methods in themselves are used, as this might still affect whether particular terms will be enforced.
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Publication title information
Koornhof, P. (2013). The Enforceability of Incorporated Terms in Electronic Agreements. Speculum Iuris Vol 27(1) 3
Further detail
Publication type
Academic journal articles
Description
This article seeks to evaluate the validity of different methods of incorporating terms into electronic agreements, and to what extent the use of such methods may influence the enforceability of the incorporated terms. The two most common methods of electronic incorporation, namely click-wrap and web-wrap, are discussed. It is argued that, irrespective of the method of incorporation adopted, incorporated terms would most likely be valid in light of the provisions of the Electronic Communications and Transactions Act. Despite this, due care must be taken in how the different methods in themselves are used, as this might still affect whether particular terms will be enforced.
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