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.