Nguyen v. Barnes & Noble Inc.
Aug 18, 2014OUTCOME: he court held that merely placing a link to terms without requiring users to affirmatively agree (such as by clicking “I agree”) did not create a binding contract. T
Nguyen v. Barnes & Noble Inc., 763 F.3d 1171 (9th Cir. 2014), is a key Ninth Circuit case on online contract formation. Kevin Nguyen sued Barnes & Noble after it canceled his online order for discounte ... d HP TouchPads, alleging breach of contract and deceptive business practices. The central issue was whether Nguyen was bound by the website's terms of use, which were only accessible via a hyperlink at the bottom of the site. The court held that merely placing a link to terms without requiring users to affirmatively agree (such as by clicking “I agree”) did not create a binding contract. This case set an important precedent distinguishing browsewrap from clickwrap agreements, emphasizing the need for clear assent in online contracts.
