CYBERLAW: THE UNCONSCIONABILITY,/ UNENFORCEABILITY OF CONTRACTS (Shrinkwrap, Clickwrap, and Browsewrap) ON THE INTERNET: A MULTIJURISDICTIONAL ANALYSIS SHOWING THE NEED FOR OVERSIGHT.

Paul J. Morrow Sr, Husson University

Abstract

This paper analyzes the differences between the common law of contracts and the way various jurisdictions in the United States have applied new contract law doctrine as applied to cyber contracts. The paper also has recommendations on how to reconcile those differences. These differences could lead to a very unfair application of contract precedent essentially overturning 200 years of contract common law. This is the age of cyberspace and cyberlaw. If we do not begin to reconcile these differences, it could change the way our society does business. Do we adhere to precedent or are the changes warranted under the new dimensions of cyber space? This is the question before the courts today and this paper involves the legal/business research necessary to facilitate the discussion of these important concepts in our time.