Court considers controversial ‘shrinkwrap theory’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 27, 2022 11:27 AM

The shrinkwrap theory of contract law developed by the 7th U.S. Circuit Court of Appeals — what has been described as a “rolling theory of contract formation” — is “about as controversial an idea as exists today in the staid world of contract law.” Howard v. Ferrellgas, 748 F.3d 975 (10th Cir. 2014).The controversy continues.A company accused of ripping off senior citizens relied on ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996), and Hill v. Gateway 2000, 105 F.3d 1147 (7th Cir. 1997), in arguing that the plaintiffs …

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