Creative Solutions Corporation (CSC) agrees to sell software to Drew from CSC's Web site. To complete the deal, Drew clicks on a button that, with reference to certain terms, states, "I agree." What is this sort of agreement called? Do the parties have a binding, enforceable contract that includes the terms? Explain.
What will be an ideal response?
This is a click-on agreement, which occurs when a buyer, to complete a transaction on a computer, indicates his or her assent to be bound by the terms of an offer by clicking on a button that says, for example, "I assent," or, in this question, "I agree." Such an agreement is likely enforceable if a party who agrees to the terms has an opportunity to read them before the contract is made, except when they are objectionable on grounds that apply to contracts generally. If the terms are not revealed until after an agreement is made, however, it is unlikely that, as in cases involving shrink-wrap agreements, they would be considered part of the deal. In this question, the parties probably have a binding contract that includes the terms. The question states that the button referred to the terms, meaning the buyer knew, or should have known, what he was agreeing to.
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