Elizabeth Macdonald

When is a contract formed by the browse-wrap process?

The purpose of this article is to consider the approach that should be taken to determine whether a browse-wrap contract has been formed. As acceptance of such contracts is by an action, which could occur without reference to the offer, the fundamental question must be considered as to whether an acceptance can take place without subjective knowledge or intention. However, the rules that should be applied in principle in implementing an ‘objective approach’ to such contracts will be considered. They will be seen to be restrictive of when a contract will be found and it will be contended that the objective line can therefore be maintained.

Koffman & Macdonald's Law of Contract

1. Introduction to the study of contract law 2. Formation of the contract 3. Certainty and completeness 4. Consideration 5. Promissory estoppel 6. Intention to create legal relations 7. Express and implied terms 8. Classification of terms 9. Exemption clauses 10. Exemption clauses and the Unfair Contract Terms Act 1977 11. Unfair Terms in Consumer Contract Regulations 1999 12. Mistake 13. Misrepresentation 14. Duress and undue influence 15. Illegality 16. Unconscionability and unfairness 17. Privity and third party rights 18. Performance and breach 19. The doctrine of frustration 20. Damages 21. Specific enforcement W1 Capacity W2 An outline of the law of restitution