Litigation & Arbitration,
Contracts
Sep. 9, 2024
It's a small world that can be wrapped with one click
In today's world, the clickwrap agreement is as ubiquitous as the air we breathe. We cannot watch, purchase or take part in anything without "clicking to accept." Any choice is no choice at all: Accept our terms and conditions or return to the last century. Clickwraps are the quintessential contracts of adhesion; you have no choice but to agree.
It was a classic case of the Mouse that Roared. Terms and conditions buried in the fine print of a standard clickwrap license for a grieving widower's Disney + trial subscription threatened to move his wrongful death lawsuit into the Never Never Land of arbitration. Jeffrey Piccolo's wife had died after eating supposedly allergen-free food at a restaurant in a Florida Disney theme park. The husband's only other link to Disney was that short-lived t...
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