Exam 13: E-Contracts and E-Signatures

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The terms in a click-on agreement may be enforced if they are construed as parts of a contract.

(True/False)
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Financial Services Corporation engages in an e-transaction with Greater Metro Bank over the Internet.The UETA

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A license contract may involve a right to use software.

(True/False)
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Omega,Inc. ,sells business application software-accounting and book?keeping programs,blank business forms,inventory control functions,and the like-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?

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General Electronics,Inc. ,uses shrink-wrap agreements.In most cases,a shrink-wrap agreement is between

(Multiple Choice)
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Under the UETA,a person's name is necessary to give effect to an elec?tronic record.

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All of the terms presented in shrink-wrap agreements have been enforced.

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Katy and Lucy 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

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The terms of a contract must have been read to be enforced.

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Omni Products,Inc. ,and Plenty Sales Corporation transact a deal over the Internet.Their contract does not mention the UETA.The UETA covers

(Multiple Choice)
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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-signa?ture accompanies the record.

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Mary and Nick make a deal that comes under 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

(Multiple Choice)
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Under the UETA,a signature may be denied legal effect solely because it is in electronic form.

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

(Multiple Choice)
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Research Products,Inc. ,and Scientific Tools Corporation enter into a con?tract online in a state that has enacted a modified version of the UETA in which a procedure for the use of e-signatures is different from that provided in the E-SIGN Act.The alternative procedure is effective if it is

(Multiple Choice)
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Nation Shipping Corporation and Office Management Software Company (OMSC)make a deal for OMSCs products,communicating entirely online.Under the UETA,an electronic record is considered sent

(Multiple Choice)
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Growth 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

(Multiple Choice)
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In Case 13.3,Specht v.Netscape Communications Corp. ,the court held that because the plaintiffs did not expressly assent to the terms of the contract,they

(Multiple Choice)
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The UETA requires that an agreement to conduct a transaction electroni?cally be made electronically.

(True/False)
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National Sales Corporation and Online Purchasing,Inc. ,attempt to enter into a contract with the use of e-signatures.Among states that have e-sig?nature laws,the laws are

(Multiple Choice)
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