← All Authorities
United States Leading Case offer and acceptanceincorporation

ProCD Inc v Zeidenberg

86 F.3d 1447 (7th Cir. 1996)
JurisdictionUnited States
CourtUS Court of Appeals, Seventh Circuit
Year1996
StatusBinding authority

Summary

Shrinkwrap licences are enforceable contracts where the buyer receives terms with the product and has an opportunity to reject by returning it.

Key Principle

Shrinkwrap licenses are enforceable contracts when the buyer has an opportunity to read the terms and reject them by returning the product.

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

Ask CommonBench about this case

Get a detailed analysis of ProCD Inc v Zeidenberg and how it applies to your situation.

Explain ProCD Inc v Zeidenberg