Solving the Mystery of Contracting By Hyperlink
A discussion on the Troutman Sanders website 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.
“In a series of recent decisions, courts are developing an increasingly consistent view of what is required to successfully incorporate contract terms by reference using hyperlinks,” write Alan Wingfield and Troy Jenkins. “This emerging consensus focuses on four elements: labeling of the hyperlink; the location and prominence of the hyperlink; the accessibility of the information hyperlinked; and the consumer’s assent.”
They discuss those four elements and offer a list of rules to do and another list of methods to avoid.
