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Definition Edit

“Whether governed by the common law or by Article 2 of the Uniform Commercial Code (UCC), a transaction, in order to be a contract, requires a manifestation of agreement [assent] between the parties.”[1] "[A] consumer's clicking on a download button does not communicate assent to contractual terms if the offer did not make clear to the consumer that clicking on the download button would signify assent to those terms."[2]

References Edit

  1. Specht v. Netscape Comm. Corp., 306 F.3d 17, 28 (2d Cir. 2002) (full-text).
  2. Id. at 29-30.

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