Mass. Uber Ruling Offers Insights On Online Contracts

By Alan Wingfield, William Taylor and Sarah Crandall (January 25, 2021, 6:09 PM EST) -- On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements included in them.[1]

In short, the court concluded that Uber's terms and conditions did not constitute a contract with the plaintiffs, because the app's registration process did not provide users with reasonable notice of the terms and conditions, and did not obtain a clear manifestation of assent to the terms.

In doing so, the court analyzed the features of the Uber app that undercut contract formation, and commented...

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