Disadvantages Of Browse-Wrap Agreements

The browse-wrap agreements is one of the form of communicating the terms and condition set by the service provider to the users of the website. The clauses in the terms and condition of the agreement depends and are subject to the nature of the business or services the website is offering. The title of the links giving access to these agreements vary from website to website and it may be titled as user agreement, condition of use, terms of use, legal notices, terms, or other similar to language chosen by the website designer. The browse-wrap agreements are offered in a way that the user does not have an opportunity to accept the terms and condition and on the contrary the terms and condition can be retrieved by clicking on the provided link.

Such mutual assent cannot be based on subjective intent, but must be founded on an objective manifestation of mutual assent to the essential terms of the promise. In other words, the entry of the parties into a contractual relationship must be manifested by some intelligible conduct, act, or sign. The meeting of minds, which is essential to the formation of a contract, is not determined by the secret intentions of the parties, but by their expressed or manifested intentions. [17 AM. JuR. 2D Contracts § 28

Kanitz which was dealt in 2002. The case is about the defendant (Rogers Cable) amendments to the online contract which the plaintiff (Kantiz) signed and agreed upon before the changes were made. The defendant later on made some amendments that all the disputes if occurs will be settled through the arbitration. The plaintiff argued that and brought the case under Ontario Class Proceeding Act, and claimed that they had not been given a reasonable opportunity to review the changes made by the defendant. In reply to that argument, the court referred to the terms which was signed and accepted by plaintiff and clearly expressed that in future if there is any need of amendment the Rogers Cable will do so and by accepting the terms the user (Kanitz) agrees to the