Question 1

The terms in a click-on agreement may be enforced if the parties expressly agreed to them.

Accepted Answer

A) True 
 B)False  True

Question 2

Jelly Jar Company includes in its online offers a provision that indicates any disputes arising under the contract must be resolved in Kansas.Lena,a resident of Maine,accepts Jelly Jar's offer.If a dispute arises,a court will most likely rule that it must be resolved in

Accepted Answer

A)  Kansas. 
B)  Kansas or Maine. 
C)  Maine. 
D)  the location selected by the first party to file a suit. 
A)  Kansas. 
B)  Kansas or Maine. 
C)  Maine. 
D)  the location selected by the first party to file a suit. A

Question 3

Wanda tells Vito that she would like to buy his Chocolate Goodies store.Vito declines,but later decides to sell and sends to Wanda,and others,a flyer describing the details.Wanda responds with a letter of "acceptance." Wanda and Vito have

Accepted Answer

A)  a contract. 
B)  no contract, because Vito sent the letter to more than one party. 
C)  no contract, because Vito was only inviting bids. 
D)  no contract, because the letter was an invitation to negotiate. 
A)  a contract. 
B)  no contract, because Vito sent the letter to more than one party. 
C)  no contract, because Vito was only inviting bids. 
D)  no contract, because the letter was an invitation to negotiate. B

Question 4

The terms of a shrink-wrap agreement may be enforced in the same way as the terms of other contracts.

Accepted Answer

A) True 
 B)False

Question 5

Lively Toys Store and Movin' Products Company (MPC)enter into an e-contract under which MPC agrees to ship a case of electronic,remote-controlled bugs to Lively Toys,which agrees to pay on delivery.The Uniform Electronics Transactions Act (UETA)

Accepted Answer

A)  denies the enforcement of such contracts. 
B)  does not apply to such contracts. 
C)  preempts all other laws with respect to such contracts. 
D)  supports the enforcement of such contracts. 
A)  denies the enforcement of such contracts. 
B)  does not apply to such contracts. 
C)  preempts all other laws with respect to such contracts. 
D)  supports the enforcement of such contracts.

Question 6

Elmore offers to sell a Ford F-150 for $7,500 to Grace.Before Grace can respond,Elmore refers to the prices for similar Fords and says,"Forget it.I changed my mind." Elmore's offer was terminated by

Accepted Answer

A)  Elmore. 
B)  Ford. 
C)  Grace. 
D)  no one-Elmore's offer is still open. 
A)  Elmore. 
B)  Ford. 
C)  Grace. 
D)  no one-Elmore's offer is still open.

Question 7

State law other than the UETA always determines the effect of an error on an agreement between contracting parties.

Accepted Answer

A) True 
 B)False

Question 8

The E-Sign Act preempts the uniform version of the Uniform Electronic Transactions Act (UETA).

Accepted Answer

A) True 
 B)False

Question 9

On May 1,Brand Name Industries,Inc.(BNI),sent Carol a letter,via overnight delivery,offering to employ her to audit BNI's financial statements for the current year for $10,000.In the letter,BNI stated that Carol had ten days to accept.On May 5,Carol sent BNI a fax that stated,"The price for the audit seems too low.Would you consider paying $12,000?" BNI received the fax.The next day,Dan offered to conduct the audit for $8,000.On learning of Dan's offer,Carol immediately e-mailed BNI,agreeing to do the work for $10,000.BNI received this e-mail on May 7.Explain why BNI and Carol do,or do not,have a contract.

Accepted Answer

BNI and Carol have a contract.Carol effe

Question 10

Flem,a user of GameCenter.com's Web site,can download gaming software for free if he first clicks on "I accept" after viewing certain terms.This is

Accepted Answer

A)  a contract that does not include the terms. 
B)  a contract that includes the terms. 
C)  not a contract but the terms are enforceable. 
D)  unenforceable. 
A)  a contract that does not include the terms. 
B)  a contract that includes the terms. 
C)  not a contract but the terms are enforceable. 
D)  unenforceable.

Question 11

An offeror's subjective intent determines the effectiveness of an offer.

Accepted Answer

A) True 
 B)False

Question 12

The UETA does not require that an agreement to conduct a transaction electronically be made electronically.

Accepted Answer

A) True 
 B)False

Question 13

Consumer Payments Processing Corporation (CPPC)and Mall Kiosk Company make a deal for CPPC's services,via e-records.Under the UETA,an e-record is considered received when

Accepted Answer

A)  it enters the recipient's processing system in a readable form. 
B)  the recipient is aware of its receipt. 
C)  the recipient is aware that it has been sent. 
D)  it leaves the sender's control. 
A)  it enters the recipient's processing system in a readable form. 
B)  the recipient is aware of its receipt. 
C)  the recipient is aware that it has been sent. 
D)  it leaves the sender's control.

Question 14

Business Properties,Inc.(BPI),offers to sell a warehouse to Corporate Investments.Corporate says that it will pay BPI $100 to hold the offer open for three business days.This

Accepted Answer

A)  creates an illegal contract by adding a clause to BPI's offer. 
B)  makes the offer irrevocable for three days if BPI accepts. 
C)  negates BPI's offer by changing the price term. 
D)  voids BPI's offer by extending the time term. 
A)  creates an illegal contract by adding a clause to BPI's offer. 
B)  makes the offer irrevocable for three days if BPI accepts. 
C)  negates BPI's offer by changing the price term. 
D)  voids BPI's offer by extending the time term.

Question 15

The UETA covers only e-records and e-signatures relating to a transaction.

Accepted Answer

A) True 
 B)False

Question 16

An offer may invite an acceptance to be worded in such specific terms that the contract is made definite.

Accepted Answer

A) True 
 B)False

Question 17

Bret enters into a contract with Collegiate University over the Internet to take an online course titled "Internet Law." This is an e-contract because

Accepted Answer

A)  the contract was entered into over the Internet. 
B)  the contract was formed between a student and a university. 
C)  the contract will be performed online. 
D)  the subject matter of the contract is "Internet Law." 
A)  the contract was entered into over the Internet. 
B)  the contract was formed between a student and a university. 
C)  the contract will be performed online. 
D)  the subject matter of the contract is "Internet Law."

Question 18

An invitation to negotiate-"can you afford this?"-is an offer.

Accepted Answer

A) True 
 B)False

Question 19

Lightspeed Corporation makes computers,each of which is packaged with a shrink-wrap agreement.Milo buys a Lightspeed desktop.The shrink-wrap agreement is most likely enforceable if

Accepted Answer

A)  Milo buys the computer directly from Lightspeed. 
B)  Milo expressly agrees to the terms in the shrink-wrap agreement. 
C)  Milo reads the shrink-wrap agreement. 
D)  the terms in the shrink-wrap agreement concern warranties. 
A)  Milo buys the computer directly from Lightspeed. 
B)  Milo expressly agrees to the terms in the shrink-wrap agreement. 
C)  Milo reads the shrink-wrap agreement. 
D)  the terms in the shrink-wrap agreement concern warranties.

Question 20

An invitation to submit bids-"how much would you charge to do this work?"-is an offer.

Accepted Answer

A) True 
 B)False

Exam 10: Agreement in Traditional and E-Contracts

The terms in a click-on agreement may be enforced if the parties expressly agreed to them.

Jelly Jar Company includes in its online offers a provision that indicates any disputes arising under the contract must be resolved in Kansas.Lena,a resident of Maine,accepts Jelly Jar's offer.If a dispute arises,a court will most likely rule that it must be resolved in

Wanda tells Vito that she would like to buy his Chocolate Goodies store.Vito declines,but later decides to sell and sends to Wanda,and others,a flyer describing the details.Wanda responds with a letter of "acceptance." Wanda and Vito have

The terms of a shrink-wrap agreement may be enforced in the same way as the terms of other contracts.

Lively Toys Store and Movin' Products Company (MPC)enter into an e-contract under which MPC agrees to ship a case of electronic,remote-controlled bugs to Lively Toys,which agrees to pay on delivery.The Uniform Electronics Transactions Act (UETA)

Elmore offers to sell a Ford F-150 for $7,500 to Grace.Before Grace can respond,Elmore refers to the prices for similar Fords and says,"Forget it.I changed my mind." Elmore's offer was terminated by

State law other than the UETA always determines the effect of an error on an agreement between contracting parties.

The E-Sign Act preempts the uniform version of the Uniform Electronic Transactions Act (UETA).

Flem,a user of GameCenter.com's Web site,can download gaming software for free if he first clicks on "I accept" after viewing certain terms.This is

An offeror's subjective intent determines the effectiveness of an offer.

The UETA does not require that an agreement to conduct a transaction electronically be made electronically.

Consumer Payments Processing Corporation (CPPC)and Mall Kiosk Company make a deal for CPPC's services,via e-records.Under the UETA,an e-record is considered received when

Business Properties,Inc.(BPI),offers to sell a warehouse to Corporate Investments.Corporate says that it will pay BPI $100 to hold the offer open for three business days.This

The UETA covers only e-records and e-signatures relating to a transaction.

An offer may invite an acceptance to be worded in such specific terms that the contract is made definite.

Bret enters into a contract with Collegiate University over the Internet to take an online course titled "Internet Law." This is an e-contract because

An invitation to negotiate-"can you afford this?"-is an offer.

Lightspeed Corporation makes computers,each of which is packaged with a shrink-wrap agreement.Milo buys a Lightspeed desktop.The shrink-wrap agreement is most likely enforceable if

An invitation to submit bids-"how much would you charge to do this work?"-is an offer.

The Legal Environment

Constitutional Law

Courts and Alternative Dispute Resolution

Torts and Cyber Torts

Intellectual Property and Internet Law

Criminal Law

Cyber Crime

Ethics and Business Decision Making

Nature and Classification

Consideration, capacity, and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach and Remedies

The Formation of Sales and Lease Contracts

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

Negotiable Instrument: Transferability Liability

Checks and Banking in the Digital Age

Security Interests in Personal Property

Creditors Rights and Bankruptcy

International Law in a Global Economy

Agency Relationships in Business

Employment,immigration,and Labor Law

Employment Discrimination

Sole Proprietorships and Private Franchises

All Forms of Partnerships

Limited Liability Companies Special Business Forms

Corporate Formation, merger, and Termination

Corporate Directors, officers, Shareholders

Investor Protection, insider Trading, Corp Gov

Promoting Competition

Consumer and Environmental Law

Liability of Accountants Other Professionals

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, wills, and Trusts

Filters