Court of Appeals Upholds Clickwrap Agreement
A discussion of 'Wu v. Uber Techs., Inc.,' where the New York Court of Appeals upheld the enforceability of “click-wrap” agreements and also held that issues of the scope of an arbitration agreement were delegated to the arbitrator. The author believes the decision “provides valuable guidance for businesses using websites and apps to ensure their terms of use are found enforceable.”
December 26, 2024 at 10:34 AM
6 minute read
Since the advent of the internet, the validity of online contractual agreements has been much litigated.In a case of first impression, the New York Court of Appeals upheld the enforceability of “click-wrap” agreements. It also held that issues of the scope of an arbitration agreement were delegated to the arbitrator. Wu v. Uber Techs., Inc., 2024 WL 4874383 (N.Y. 2024). The decision provides valuable guidance for businesses using websites and apps to ensure their terms of use are found enforceable.
The Case
In July 2020, Emily Wu requested a car using Uber’s software application on her smartphone. An Uber-affiliated driver took her to an intersection in Brooklyn where, according to the complaint, the driver discharged plaintiff in the middle of the roadway. Upon exiting the car, she was almost immediately struck by another vehicle, sustaining injuries. She filed a negligence action against Uber in November 2020 in Bronx County Supreme Court.
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