Exam 12: Agreement in Traditional and E-Contracts

A price list is a form of invitation to negotiate or trade.

Contracting parties cannot opt out of the terms of the UETA.

Shasta offers to sell a used hay baler to Roberto, but receives a letter of accep?tance from Quito, who has no relation to Roberto. A valid contract exists between

An acceptance can impose new conditions or change the terms of the original offer without rejecting it.

Standard Purchasing Corporation and Topmost Sales, Inc., enter into a part?nering agreement. Under a partnering agreement, parties agree

An offer must be practical to be effective.

Browse-wrap terms are often unenforceable.

On behalf of Bobble Head Manufacturing Company, Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company. Under the UETA, Carmela's typed name qualifies as

Crafted Metal Works, Inc., offers to design, make, and sell Downtown Transit Agency fourteen streetcars. Crafted Metal authorizes a particular mode of communication, but Downtown Transit sends an acceptance via a substituted means. This acceptance is effective when it is

An e-contract must meet basic requirements that are different from those required of a paper contract.

Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts.

An offer may invite an acceptance to be worded in specific terms but that cannot make the contract definite.

No offer can be accepted by silence.

Isabel owns a house, which she advertises for sale for $300,000. On April 1, Jon-Pierre offers Isabel $280,000 for the house. On April 5, Isabel has delivered to Jon-Pierre at his office a form that includes additional terms but does not state a price. At 9 a.m. on April 6, Jon-Pierre signs the form and gives it to Karla, his administrative assistant, with instructions to mail it. At 10 a.m., Isabel calls to tell Jon-Pierre that the deal is off. The next day, Karla mails the signed form to Isabel. When Isabel refuses to sell the house to Jon-Pierre, he files a suit against her, alleging breach of contract. Isabel claims that there was no contract. What are arguments supporting each party's position? What is the court likely to rule? Explain.

Barrett files a suit against City Moving Service for breach of contract, based on what Barrett claims was City Moving's offer. For a court to de?termine if a contract has been breached, under the common law, the offer must include terms that are

An "offer" to sell an item on an online auction site generally is treated an invitation to negotiate.

The UETA does not apply to all writings and signatures.

An advertisement is generally considered an offer.

Mark is creating Nu2U.com, a Web site through which he will enter into contracts over the Internet. Important terms to include in his offers include

Signe offers to sell Thomas her textbook but conditions the sale on Thomas ac?cepting the offer by March 1. Signe may revoke the offer