Legal Question in Business Law in Minnesota

Paper Contract or Online Contract (click here)

Do both the following examples ''hold-up'' equally in court? (if there was an event)

Paper Contract: Customer receives paper contract. Signs/dates contracts. Returns originals. We sign/date and return a copy for thier records.

Online Contract: When customer signs up, they are required to check a box that says ''i agree to the terms of service located at hyperlink to a online document''

I ask this question because the 1st option is rather ''hard'' for the customer and delays the process of offering services. Whereas the later option, although quicker, may be subject to being overlooked during the sign-up process.

Asked on 8/14/01, 5:18 pm

1 Answer from Attorneys

Kim Shepherd Shepherd Law Firm PLC

Re: Paper Contract or Online Contract (click here)

Click wrap contracts are enforceable just as a properly executed paper contract would be enforceable.

If you are considering online contracting with your customers, the federal Electronic Signatures in Global and National Commerce Act and the Minnesota Uniform Electronic Transactions Act outline the process and rules for electronic contracting.

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Answered on 8/15/01, 3:10 pm

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