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Expert Analysis

Solving The Mystery Of Contracting By Hyperlink

By Alan Wingfield and Troy Jenkins (November 14, 2018, 2:41 PM EST) -- Remote contracting with customers through the internet is either the current reality or the aspirational goal for many businesses. This article addresses the current state of the law governing a key link to remote contracting — hyperlinks — with the goal of advising how to successfully incorporate by reference separate contract terms using hyperlinks for purposes of contract formation. (Whether use of hyperlinks can be successfully employed to convey disclosures that are subject to placement or "clear and conspicuous" disclosure requirements is a separate question, not addressed here.)...

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