Contracts – Illinois Court Upholds Validity of Click Wrap Contract

In the latest of a long string of cases upholding the validity of click wrap contracts, the Illinois Appellate Court has held that the hyperlinked “Terms and Conditions” on Dell’s website is a binding contract – in spite of the fact that purchasers were not required to check an “I agree” indicate their assent in a similar way. The Court made two important observations. The first is that the fact that the plaintiffs were making purchases on-line indicated that they were sophisticated consumers who were aware of the Internet practice of linking contract terms via hyperlink, and indicating assent by purchase. The second is that the Court likened the hyperlink to turning a page in a contract – analogizing that the entire order process was a contract, and the terms and conditions a page in that contract. This case is important for Internet businesses since it provides additional support for arguments upholding the validity of click wrap contracts without an “I agree” checkbox or button. Hubbert v. Dell