Question 1

The E-Sign Act does not preempt the uniform version of the UETA.

Accepted Answer

A) True 
 B)False

Question 2

Mary admires Julia's collection of scarves. Julia says "I might sell you a few someday, if I get tired of them." Julia's statement is

Accepted Answer

A)  an effective offer. 
B)  not an effective offer because it has not been communicated to Mary. 
C)  not an effective offer because the Julia does not show a serious intent to be bound. 
D)  an acceptance. 
A)  an effective offer. 
B)  not an effective offer because it has not been communicated to Mary. 
C)  not an effective offer because the Julia does not show a serious intent to be bound. 
D)  an acceptance.

Question 3

An option contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment given by the offeree.

Accepted Answer

A) True 
 B)False

Question 4

Under the UETA, an e-signature of a notary public is not sufficient to notarize a document.

Accepted Answer

A) True 
 B)False

Question 5

Clean Health Insurance, Inc. sends Kathy a health insurance termination. The health insurance termination is

Accepted Answer

A)  governed by the E-SIGN Act. 
B)  not governed by the E-SIGN Act. 
C)  governed by Article 2 of the UCC. 
D)  governed by Article 2A of the UCC. 
A)  governed by the E-SIGN Act. 
B)  not governed by the E-SIGN Act. 
C)  governed by Article 2 of the UCC. 
D)  governed by Article 2A of the UCC.

Question 6

Digital Products Company includes a shrink-wrap agreement in a transaction with Eagle Engineering Corporation. A shrink-wrap agreement is an agreement whose terms are expressed

Accepted Answer

A)  in code at the end of a computer program . 
B)  inside a box in which goods are packaged. 
C)  in small print at the end of a paper contract signed by both parties. 
D)  on a computer screen. 
A)  in code at the end of a computer program . 
B)  inside a box in which goods are packaged. 
C)  in small print at the end of a paper contract signed by both parties. 
D)  on a computer screen.

Question 7

National Shipping Corporation and Office Software Company (OSC) make a deal for OSCs products, communicating entirely online. Under the UETA, an electronic record is considered sent

Accepted Answer

A)  only at a midway point between the sender and recipient. 
B)  only on coming into the recipient's control. 
C)  only on leaving the sender's control. 
D)  when it leaves the sender's control or comes into the recipient's control. 
A)  only at a midway point between the sender and recipient. 
B)  only on coming into the recipient's control. 
C)  only on leaving the sender's control. 
D)  when it leaves the sender's control or comes into the recipient's control.

Question 8

Jared downloads some video games from the Internet. There is a page indicating the terms of use, but nothing that requires Jared to affirmatively indicate his consent before downloading the games. These terms are

Accepted Answer

A)  a click-on agreement. 
B)  browse-wrap terms. 
C)  an attribution agreement. 
D)  a shrink-wrap agreement. 
A)  a click-on agreement. 
B)  browse-wrap terms. 
C)  an attribution agreement. 
D)  a shrink-wrap agreement.

Question 9

Wally offers to sell a certain used forklift to Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death

Accepted Answer

A)  did not affect the offer. 
B)  shortened the time of the offer but did not terminate it. 
C)  extended the time of the offer. 
D)  terminated the offer. 
A)  did not affect the offer. 
B)  shortened the time of the offer but did not terminate it. 
C)  extended the time of the offer. 
D)  terminated the offer.

Question 10

Fresh Fast Service, Inc., offers to deliver produce to Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to

Accepted Answer

A)  Fresh's assumptions. 
B)  Fresh's beliefs. 
C)  Fresh's intentions. 
D)  what a reasonable person in Growers' position would conclude Fresh's words and actions meant. 
A)  Fresh's assumptions. 
B)  Fresh's beliefs. 
C)  Fresh's intentions. 
D)  what a reasonable person in Growers' position would conclude Fresh's words and actions meant.

Question 11

Some unilateral contracts do not require that an offeror be notified of acceptance.

Accepted Answer

A) True 
 B)False

Question 12

Under federal law, an e-signature is enforceable only if the contracting parties have agreed to use e-signatures.

Accepted Answer

A) True 
 B)False

Question 13

Quality Sales Corporation enters into contracts over the Internet. Quality can protect itself against disputes involving these contracts by making important terms

Accepted Answer

A)  reasonably clear. 
B)  difficult to notice. 
C)  impossible to find. 
D)  standardized. 
A)  reasonably clear. 
B)  difficult to notice. 
C)  impossible to find. 
D)  standardized.

Question 14

In most cases, an offeror can revoke an offer as long as the revocation is communicated before the offeree accepts.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A)  provisions specifying the remedies if the contract is breached. 
B)  a detailed history of his business. 
C)  glowing reviews from former customers. 
D)  his educational background. 
A)  provisions specifying the remedies if the contract is breached. 
B)  a detailed history of his business. 
C)  glowing reviews from former customers. 
D)  his educational background.

Question 16

A record is an interaction between two or more people relating to business, commercial, or governmental activities.

Accepted Answer

A) True 
 B)False

Question 17

In a bilateral contract, communication of acceptance is necessary.

Accepted Answer

A) True 
 B)False

Question 18

A forum-selection clause indicates the forum, or location, for the delivery of goods purchased online.

Accepted Answer

A) True 
 B)False

Question 19

An offer made in obvious anger is still an effective offer.

Accepted Answer

A) True 
 B)False

Question 20

Bill and Stacy enter into a contract that falls within the provisions of the UETA. Under the UETA, "information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form" is

Accepted Answer

A)  an e-document. 
B)  an e-signature. 
C)  an e-transaction. 
D)  a record. 
A)  an e-document. 
B)  an e-signature. 
C)  an e-transaction. 
D)  a record.

Exam 9: Offer and Acceptance

The E-Sign Act does not preempt the uniform version of the UETA.

Mary admires Julia's collection of scarves. Julia says "I might sell you a few someday, if I get tired of them." Julia's statement is

An option contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment given by the offeree.

Under the UETA, an e-signature of a notary public is not sufficient to notarize a document.

Clean Health Insurance, Inc. sends Kathy a health insurance termination. The health insurance termination is

Digital Products Company includes a shrink-wrap agreement in a transaction with Eagle Engineering Corporation. A shrink-wrap agreement is an agreement whose terms are expressed

National Shipping Corporation and Office Software Company (OSC) make a deal for OSCs products, communicating entirely online. Under the UETA, an electronic record is considered sent

Jared downloads some video games from the Internet. There is a page indicating the terms of use, but nothing that requires Jared to affirmatively indicate his consent before downloading the games. These terms are

Wally offers to sell a certain used forklift to Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death

Fresh Fast Service, Inc., offers to deliver produce to Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to

Some unilateral contracts do not require that an offeror be notified of acceptance.

Under federal law, an e-signature is enforceable only if the contracting parties have agreed to use e-signatures.

Quality Sales Corporation enters into contracts over the Internet. Quality can protect itself against disputes involving these contracts by making important terms

In most cases, an offeror can revoke an offer as long as the revocation is communicated before the offeree accepts.

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

A record is an interaction between two or more people relating to business, commercial, or governmental activities.

In a bilateral contract, communication of acceptance is necessary.

A forum-selection clause indicates the forum, or location, for the delivery of goods purchased online.

An offer made in obvious anger is still an effective offer.

Bill and Stacy enter into a contract that falls within the provisions of the UETA. Under the UETA, "information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form" is

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