Re: Consideration in a Shrinkwrap Contract

Bryan Taylor wrote:

<snip>

> In fact, the real inspection/acceptance of the goods is interfered with
> by the shrinkwrap/clickwrap. In order to truly assess the quality of
> the product you have to install it. Let's say the CD is scratched in
> production or that one of your device drivers isn't compatible with the
> software. How can you determine this without "accepting"?

There are two different "acceptances" involved--acceptance of the license terms and acceptance of the product itself. Your scenario deals with the second. The second acceptance only become important after you get past the question of whether the license terms are acceptable.

Brad Englund
Halverson & Applegate, P.S.
Yakima, WA Received on Wed Oct 25 2000 - 15:42:00 GMT