A proposed class suit over EBay Inc.'s bidding practices was properly dismissed because explanatory portions of a website user agreement that don’t constitute enforceable promises can’t give rise to breach of contract liability, the U.S. Ninth Circuit Court of Appeals affirmed April 1 (Block v. eBay, Inc., 2014 BL 91415, 9th Cir., 12-16527, 4/1/14).
An EBay user failed to state a breach of contract claim, the court held, because the challenged provision of EBay’s User Agreement did not contain promissory language, but merely provided a broad description of the online auctioneer’s marketplace.
Breach of the agency disclaimer in ...
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