The ‘click wrap’ method of indicating intent
Clicking the ‘I accept’ or ‘I agree’ icon to confirm the intention to enter a contract when buying goods or services electronically has for a long time been a very popular method of demonstrating intent. In itself, the action of clicking the icon has the effect of satisfying the function of a signature.
There have not been many cases relating to this very early form of electronic signature, but the following cases have considered this form of electronic signature:
Canada
Rudder v Microsoft Corp (1999), 2 C.P.R. (4th) 474
United States of America
This form of signature has been widely accepted in the USA. There are a number of cases in the United States of America where this method has been implicitly accepted, for which, see Chapter 10 of my text.
Germany
The three contract cases of OLG Köln, 19 U 16/02 (for a translation into English of this case, see the Digital Evidence and Electronic Signature Law Review 2008; LG Konstanz, 2 O 141/01 A; AG Erfurt, 28 C 2354/01 in Germany serve to illustrate the problem of proving it was the person who is alleged to have entered into the contract that was the person that clicked the ‘I Agree’ icon.
