Exam 11: Written Contracts and Cyber-Commerce

Courts have held that terms hidden behind a blue "hyperlink" are roughly analogous to the pages of a long and drawn-out multipage paper contract.

The administrator of an estate is a person named by the court,if none is named in a will.

In 2012,Alder Inc.(seller)and Dell,Inc.(buyer)signed a long-term sales contract that provided for cashier's check payments to be made by Dell on the first of each month.In 2015,Dell began using a wire transfer payment method,and now Alder asserts that Dell is in breach of contract.Which of the following is true?

Responding to a Craigslist ad,Jennifer,who is a wholesaler of furniture,leaves a voicemail for James,a small custom-made furniture maker,offering to purchase his custom made king-size oak bed frame for $650,even though it was advertised at $1,150.James does not respond.Jennifer has an enforceable contract.

The Statute of Frauds: ________.

Alice uses an electronic "shopping cart" on a popular website to purchase many items.When she clicks "Checkout" she is creating an enforceable contract called a 'click-on agreement.'

Charles orally promises Holly that he will marry her.He also states that if they ever get divorced,then he will transfer one-half of his assets to Holly.They marry and divorce within a year.Which of the following is true of Charles's promise to Holly?

Which of the following is true of "click" fraud?

According to the ________,whenever an ambiguous term,clause,or line is found in a prewritten contract,that ambiguity is interpreted against the party who wrote the contract.

Donna entered into an oral contract with Ava to purchase a house from Ava,with $500 per month payments for the next 10 years.Donna moved into the house,remodeled it,and did extensive repairs.At the end of 10 years,Ava refused to convey title to the house to Donna and produced evidence at the resulting trial that the fair market rental value for the house averaged $800 per month over the 10-year period.Does Donna have an enforceable contract?

Gabriel applies for a home loan.Mark signs the agreement promising to pay off the debt in case Gabriel fails to do so.In this case Mark is:

Jane (seller)and Joe (buyer)enter into an oral contract for the sale of land.Joe begins to add significant improvements to the land and house and outbuildings.Jane changes her mind and revokes the sales contract.According to the Statute of Frauds,the contract between Jane and Joe is enforceable because of equitable estoppel.

Under the ________ rule,the courts generally accept into evidence only the original of a writing,not a copy.

Jones orally agreed to sell his iPad Air to McKay for $475.He tried later to back out of the deal on the grounds that the oral agreement was unenforceable.Discuss the case.

Uncle Rodrick was deeply in debt when he died.His niece,Evangeline,became the administrator of his estate.She orally promised Rodrick's creditors that she would personally pay his debts if they would not publicize the fact that Rodrick died in debt.When Evangeline was unable to pay the debts,the creditors sued her.Will the creditors be legally able to collect from Evangeline?

The Fair and Accurate Credit Transactions Act (FACT Act)attempts to address the identity theft epidemic.

An exception to the ________ rule states that if a written agreement depends on some event before it becomes enforceable,________ evidence may be offered regarding that ________.

Under contract law,facsimile signatures are always as valid as original signatures.

In June,the Daniels contracted with Twining to build a stone path leading from the road to their vacation home.They asked him to complete the job within 11 months.Explain whether Twining and the Daniels must enter into a written agreement for such a contract to be enforceable.

Under the equal dignities rule,oral evidence cannot be used to clarify terms that are obscure in a written contract.