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Smartphone Apps and Contract Terms: The ...

Pathak, Akhileshwa...

Case

Smartphone Apps and Contract Terms: The Uber Case

Pathak, Akhileshwar

IIMA-STR0448 | Published September 24, 2020 | 13 pages Case

Collection: Indian Institute of Management, Ahmedabad

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Learning Objectives

The digital medium has created new ways of contracting through web pages and smartphone apps. The websites and apps put numerous terms of contract. In some cases, the user is required to click on them, and other times, the user may or may not even notice the terms. Are the terms put by the sites and apps binding? The case explores the theme with the Uber Case, a judgement of the United States Court of Appeals for the Second Circuit, on the application of the terms in the Uber app.

Websites and apps have either clickwarap or browsewrap contracts. Clickwarap contracts are binding on the parties. Browsewrap contracts are binding only if conspicuous notice of the terms is given.