Mutual Assent in the Digital Age: Second Circuit Finds Confirmation Email Not Enough to Bind Parties

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The Second Circuit Court of Appeals recently added to the growing body of case law regarding what constitutes mutual assent in the digital world. It ruled that emailing a purchaser the contract terms and conditions after the consumer transaction was completed was insufficient to form a binding arbitration agreement. Key to finding a binding agreement is a finding that the consent to be bound is knowingly made.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kenneth Oh, Scarinci Hollenbeck, LLC | Attorney Advertising

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