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

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.


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

Written by:

more+
less-

Scarinci Hollenbeck, LLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×