Title: Decoding Clickwrap Agreements: A Corpus-Based Linguistic Analysis of Plain Writing in Legal Contracts
Authors: Arrianne Christelle J. Apostol, PhD-EL Student
Volume: 9
Issue: 10
Pages: 1-9
Publication Date: 2025/10/28
Abstract:
Researchers recognize that users often legally bind themselves by clicking "I agree" or similar icons in clickwrap agreements, frequently without fully realizing the contractual consequences (Shrivastava, 2016; Whaley & Horton, 2023; Knapp, Crystal, Prince, Hart, & Silverstein, 2023). Unlike traditional signatures, these clicks do not register cognitively as formal consent for many users (Kim, 2013; Katsh & Rabinovich-Einy, 2017). The debate over adopting plain language in electronic contracts to regulate e-commerce continues, with some critics arguing it may appear anti-intellectual or insufficient for addressing complex technological services (Daiza, 2017; Kim, 2019). Despite global campaigns advocating plain writing, most online contracts remain formal and imbued with legalese, which incorporates complex structural linguistic features that may hinder users' understanding of their rights, responsibilities, and policies (Barnes, 2023; Trevisani, 2019; Benoliel & Becher, 2019). Consequently, the advantages and drawbacks of plain language in e-contracts remain a contested and well-researched issue in linguistics and e-commerce (Golban, 2023). This study addresses the research gap by adopting a corpus-based approach to analyze the linguistic features of clickwrap agreements, focusing on a corpus of 68,640 words collected from telecommunications, online shopping, and courier service contracts updated as of August 2025. Specifically, the study examines (1) linguistic characteristics, including formal registers, redundancy, and performative verbs that contribute to legalese complexity, and (2) the implications of plain writing standards as manifested in the corpus. Using AntConc 3.5.9 for quantitative word count analysis complemented by manual tagging, the findings reveal that the contracts predominantly employ legalese characterized by extensive formal registers, performative verbs, and redundant terms. Despite these complexities, there is an emerging trend among Philippine service and business providers to adopt plain writing standards, which improves the accessibility and comprehensibility of legal documents for non-specialist users. This trend aligns with the Philippine English Language (PEL) guidelines, which aim to produce user-friendly legal texts, including clickwrap contracts. The study adds to the ongoing discussion about plain language in legal settings by presenting empirical evidence from a Philippine corpus. It highlights the tension between maintaining legal precision and improving user understanding. The findings emphasize the need for ongoing efforts to balance legal accuracy with clarity in e-contracts, thereby empowering consumers and promoting transparent digital commerce.