Exam 19: E-Contracts and E-Signatures

Omega, Inc., sells business application software-accounting and book?keeping programs, blank business forms, inventory control functions, and so on-in different combinations, in different packages, at different prices. Each package includes a shrink-wrap agreement that limits warranties and remedies. Precision Engineering Associates (PEA) buys an Omega package and uses the product. Later, PEA files a suit against Omega, claiming that the software is flawed and that the flaws caused PEA to suffer business losses. PEA asks for relief that exceeds the limits in the shrink-wrap agreement. What are shrink-wrap agreements? Are these agreements al?ways enforced? Under what circumstances is a court likely to enforce this agree?ment?

Printing Products Company and Quality Ink, Inc., transact a deal over the Internet. Their contract does not mention the UETA. The UETA covers

In e-transactions, attribution refers to procedures that may be used to en?sure that a person sending an e-record is the same person whose e-signature accompanies the record.

Under the Uniform Electronic Transactions Act (UETA), a signature may be denied legal effect solely because it is in electronic form.

Eagle Oil Company and Federated Refining, Inc., attempt to enter into a contract in electronic form. Under the Electronic Signatures in Global and National Commerce (E-SIGN) Act, solely because this contract is in elec?tronic form, it

Unique Sales Corporation and Virtual Purchasing, Inc., attempt to enter into a contract with the use of e-signatures. Among states that have e-signature laws, the laws are

No Limit Corporation, an online retail sales merchant, and Ollie, a consumer, make a deal over the Internet that involves e-signatures. Under the E-SIGN Act, for the e-signatures to be enforceable

Leo and Mona enter into a contract. A dispute later arises over a particu?lar term. The law governing contracts requires that for that term to be given effect, both Leo and Mona must have read

Excel Sales 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

Dino and Elle engage in a transaction that involves e-documents. The E-SIGN Act applies if those documents include

The UETA replaces other state laws on issues relating to contract formation.

Browse-wrap terms are arguably not enforceable.

State e-signature laws are uniform.

A forum-selection clause indicates the place for the resolution of a dispute arising under a contract.

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

An electronic symbol, adopted by a person with the intent to sign an e-record, is an e-signature.

Inventory Control Corporation does business online. Contracts may be formed online for the purpose of

A contract for a sale of software does not transfer ownership rights in the software to the buyer.

Focal Point Company, a Web site management firm, enters into a contract over the Internet with Global Travel, an online travel agent, to buy airline tickets for a business trip for Hu, a Focal Point employee. This is an e-contract because

Delia, a seller, and Evan, a buyer, make a deal over the Internet that involves e-signatures. Under the E-SIGN Act, for the e-signatures to be enforceable