Browser Beware! Browse Wrap Agreements are Enforceable in Canada
On September 2, 2011, the Supreme Court of British Columbia held, in Century 21 Canada Limited Partnership v Rogers Communications Inc. [2011 BCSC 1196] (the “Century 21 case”), that the act of merely “browsing” on a website can, in certain circumstances, be deemed to create an enforceable contract between a user (i.e. the person browsing) and the owner of a website. The case establishes an important precedent in the progression of contract law as it applies to the internet.
- Consideration. As with traditional contracts, consideration is necessary to form a browse wrap agreement. Courts will generally find consideration in the exchange of promises. However, the nature of the information or service contained on a website is also relevant to the presence of consideration.
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This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article is based on British Columbia law. You should consult with an attorney familiar with the issues and the laws of your country. This article does not create any attorney client relationship and is not a solicitation.