Re: Consideration in a Shrinkwrap Contract

On Fri, Oct 13, 2000 at 04:28:59PM -0700, Cumbow, Robert wrote:
> I believe that, in such situations, the "manifestation of acceptance" is
> proceeding to install the software after clicking "OK" on the license
> provisions. From that viewpoint, the customer does indeed have the
> opportunity to view (if not the obligation to actually read) the license
> terms before manifesting acceptance. He can always click no, abort the
> install process, eject the disk, put it back in the box and return it to the
> store. Careful consumers do this all the time, right?

Well, if you buy a book containing a CD-ROM, then do as you say, refuse the contract (license), put it back in the box and return it to the store, as a "careful consumer," what happens? You don't get your money back. You can return a book without a CD, but if you have opened the CD-ROM envelope you can't return it for a refund.

Does this make the contract (license) invalid? Received on Tue Oct 17 2000 - 17:06:42 GMT