Ruling raises the question: What isn’t an enforceable web-based contract?

Senior litigator Michael S. Lewis, also an adjunct contracts law professor who has published scholarship in the subject area, analyzes a recent federal court decision considering the enforceability of the terms and conditions of a web-based consumer-facing platform.  Lewis notes the need for attorneys and web designers to be on the same page with regard to which consumer manifestations of assent will meet the legal thresholds mandated by contract law.  This is true, at least, if their employers hope to retain the value they appear to place in the enforceability of their terms and conditions statements.