Click-wrap agreement

There was a gap between the old contracts and selling online product therefore in 1996 click-warp contract was presented by Zeidenberg.

The content and form of click wrap agreements vary widely. Most click wrap agreements require the end user to manifest his or her assent by clicking an "ok" or "agree" button on a dialog box or pop-up window.
A user indicates rejection by clicking cancel or closing the window. Upon rejection, the user can no longer use or purchase the product or service. Classically, such a take it or leave it contract was described as a "contract of adhesion, which is a contract that lacks bargaining power, forcing one party to be favoured over the other.

Cases involving click-wrap agreements were decided with very different outcomes. Click-warp Cases involved Web-based purchases in which consumers agreed to certain online "terms and conditions."

There is a case, Fee v. Expedia Inc., the plaintiff, Zachary Fee, sued Expedia (which operates the travel website( Hotels.com) for deceptive trade practices, alleging that Hotels.com unilaterally switched the plaintiff's paid reservation from a four-star hotel to a three-and-one-half star hotel.

Fee brought the lawsuit in Kansas, despite the fact that he clicked the "I Agree" button on Hotels.com's clickwrap agreement, which required Fee to bring all disputes against Expedia in Texas. The Kansas court dismissed Fee's lawsuit, and held that the clickwrap agreement required Fee's lawsuit to be brought in Texas, not Kansas.