When is a contract formed by the browse-wrap process?

Abstract

The purpose of this article is to consider the approach that should be taken to determine whether a browse-wrap contract has been formed. As acceptance of such contracts is by an action, which could occur without reference to the offer, the fundamental question must be considered as to whether an acceptance can take place without subjective knowledge or intention. However, the rules that should be applied in principle in implementing an ‘objective approach’ to such contracts will be considered. They will be seen to be restrictive of when a contract will be found and it will be contended that the objective line can therefore be maintained.

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