Abstract
Modern online contracts—often categorized as click-wrap, scroll-wrap, and browse-wrap agreements—are rarely read by users. Even if users attempt to read them, the use of long paragraphs and complex language creates a barrier for the average user to understand what they are agreeing to. Issues surrounding online contract formation have sparked litigation in recent years to determine the enforceability of these agreements. The current standard used by courts to determine the enforceability of online contact terms is whether the design of the interface would put the reasonably prudent user on inquiry notice of their existence. The standard of adequate notice has fundamentally replaced the concept of mutual assent, as a user can be bound by a contract they had no intention of entering as long as the agreement is reasonably conspicuous. This Note offers an innovative suggestion to apply the visual elements of adequate notice to make agreements more enforceable by providing illustrated explanations of contract provisions. The inclusion of explanatory pictures alongside the terms of an agreement would create more engaging and accessible online contracts while increasing notice by design.
Recommended Citation
Emily Smoot,
Pic-Wrap: A Picture Is Worth a Thousand Terms in Online Contracting,
48
S. Ill. U. L.J.
303
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss2/6