Exam 12: Agreement in Traditional and E-Contracts
Business Solutions Corporation (BSC) sells business application software-wage, price, and inventory coordinating programs, for example-in different combinations and packages, at different prices, downloadable online. To complete a deal, a purchaser clicks on a button that, with reference to certain terms, states, "I agree." What is this sort of agreement called? Do the parties have a binding, enforceable contract that includes the terms? Explain.
This is a click-on agreement, which occurs when a buyer, to complete a transaction on a computer, indicates his or her assent to be bound by the terms of an offer by clicking on a button that says, for exam?ple, "I assent," or, in this question, "I agree." Such an agreement is likely to be enforceable if the party who agreed to the terms had an opportunity to read them before the contract was made (unless the terms are objectionable on grounds that apply to contracts generally). If the terms were not revealed un?til after the agreement was made, however, they are unlikely to be considered part of the deal, as in cases in?volving shrink-wrap agreements.
In this question, the parties would probably have a binding contract that includes the terms. The question states that the button referred to the terms, meaning that the buyer knew, or should have known, what he was agreeing to.
Quay Trucking Service tells Rafe that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse. Rafe's acceptance is complete
C
World Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. The UETA applies, if at all, only to those transactions in which the parties agree to use
A
A statute or court decision that makes an offer illegal automatically terminates the offer
Lon says to Milli, "I would like to sell you my comic book collec?tion." This is not an offer because it
Medical Billing Collection Corporation and Naturopath Clinic make a deal for Medical Billing's services via e-records. Under the UETA, an e-record is considered received when
An important rule to keep in mind is that the offeree (the buyer) controls the acceptance and thus the resulting contract.
Octavio receives from Pastry Dough, Inc., its catalogue and a "person?alized" letter inviting Octavio to buy any item at the advertised price. This is
Liz offers to sell Max her iPad for $200. Max says, "Okay, but only if you include the case and other accessories." Max has
Only the United States has created regulations for global Internet transactions.
Generally, a contract must express its terms-no reasonable inferences are permissible.
Farmland County Bank offers to lend money to Gino, the owner of Home Hardware Store, at 15 percent interest. Before Gino accepts, a state statute is enacted prohibiting loans at rates greater than 12 percent. Gino and the bank have
If an offer does not specify a time for acceptance, the offer terminates at the end of a reasonable time.
Kay and Leo enter into a contract that falls within the provisions of the UETA. Under the UETA, "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" is
Deb buys a song through eSongs, an online music vendor. Before completing the purchase and downloading the song, Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is
Naomi tells Ogden, who has no knowledge of Shakespearean comedy, that she will tutor him in the subject for $50. As an offer, this is
Under federal law, an e-document is not as enforceable as a paper one.
Casey offers to sell a certain used forklift to DIY Lumber Outlet, but Casey dies before DIY ac?cepts. Most likely, Casey's death
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