Je Ho Lim vs. The .TV Corporation

Court of Appeal Ruling Reversal of Sustaining of Demurrer

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Early (2002) case affirming the validity of internet contracting.

Reversing the decision of the court below, an intermediate California appellate court holds that plaintiff had adequately plead a breach of contract claim arising out of defendant's failure to deliver a domain name put up for auction on the Internet. The court accordingly allows plaintiff to proceed with his claim, and seek redress as a result of defendant The.TV corporation's failure to register plaintiff as the owner of the domain name golf.tv.

California's Court of Appeals held that plaintiff had adequately pled a breach of contract claim, and allowed the lawsuit to proceed. Such was the case whether one considered the statements defendant made in announcing its auction an offer, which was accepted by plaintiff's bid, or whether one considered defendant's statements as an invitation to make an offer, which plaintiff did by its bid and which defendant accepted by its confirmatory e-mail.

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Reference Info:Decision | State, 9th Circuit, California | United States


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