Civil Law, 2020 Bar — Question IX

ESSAY

Your significant other shows you a laptop screen on which a mandatory question for the installation of an app appears. The question reads: "Do you agree to the terms and conditions of use?" There are two buttons indicating alternative responses: one is labeled "Agree"; the other is labeled "Disagree." The terms and conditions of use are not shown on the screen. Neither is there a hyperlink that can be clicked that would reveal the terms and conditions of use of the app being installed. Curious why the terms and conditions of use are not available, you search the internet and come across media articles revealing that the terms and conditions of use allow the app provider to access a user's contact list, emails, and browsing history. These pieces of information are sold to advertisers who, in turn, tailor their emails to users so that they can engage in targeted advertising based on the users' profiles. Your significant other asks you this legal question: By clicking on "Agree", will there be a "meeting of the minds" between the user and the app provider enabling access to the user's contact list, emails, and browsing history? Explain briefly.

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