Deck 16: Contracts and the Internet: Something Borrowed, Something New

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Question
If parties to an Internet contract do not read the terms and conditions, the terms and conditions are not enforceable against them.
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Question
Examples of unconscionable Internet provisions include which of the following? ​

A)Arbitration clause
B)Forum selection clause
C)All of the above
D)None of the above
Question
A license agreement is a mechanism to use a product without ownership.
Question
A contract that requires the user to click a box indicating assent is a(n)_______ contract.

A)browsewrap
B)shrinkwrap
C)unconscionable
D)clickwrap
Question
Electronic signatures may be

A)encrypted
B)digitized
C)biometric
D)all of the above
Question
All Internet contracts are

A)unconscionable
B)enforceable
C)unenforceable
D)none of the above
Question
Some courts have enforced arbitration clauses requiring parties to arbitrate in a foreign jurisdiction.
Question
In analyzing an Internet contract, courts use which of the following?

A)The U.C.C. only
B)Mixed principles of law
C)Case precedent only
D)UCETA
Question
E-Sign is which of the following?

A)State law
B)Uniform law
C)Federal law
D)Unenforceable
Question
A browsewrap contract requires the user to click "I accept" in the drop-down box.
Question
Shrinkwrap agreements are not an enforceable contract.
Question
UETA addresses electronic signature and requires which of the following?

A)Consent
B)No consent
C)Acknowledgment only
D)None of the above
Question
Capacity can be an issue in Internet transactions.
Question
E-SIGN and UETA do not require consent to the use of electronic signatures.
Question
UCITA is the Internet equivalent of the U.C.C. and has been adopted by all states.
Question
Choice of law clause allows the parties to choose where a lawsuit will be filed.
Question
An agreement whose legal terms are inserted into the product box and the act of opening the box constitutes assent to the terms is a(n)_______ contract.

A)browsewrap
B)shrinkwrap
C)unconscionable
D)clickwrap
Question
A license agreement provides the user with

A)Ownership
B)Title
C)Use only
D)None of the above
Question
A contract is created on the Internet by ​

A)clicking "I accept"
B)browsing on a site
C)all of the above
D)none of the above
Question
Contracts on the Internet have received special treatment by courts and do not apply the U.C.C. to transactions.
Question
Match between columns
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
forum selection
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
UETA
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
license
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
clickwrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
browsewrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
E-Sign
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
shrinkwrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
personal jurisdiction
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
arbitration
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
choice of law
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
forum selection
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
UETA
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
license
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
clickwrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
browsewrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
E-Sign
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
shrinkwrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
personal jurisdiction
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
arbitration
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
choice of law
Legal mechanism to use a product without ownership or title.
forum selection
Legal mechanism to use a product without ownership or title.
UETA
Legal mechanism to use a product without ownership or title.
license
Legal mechanism to use a product without ownership or title.
clickwrap agreement
Legal mechanism to use a product without ownership or title.
browsewrap agreement
Legal mechanism to use a product without ownership or title.
E-Sign
Legal mechanism to use a product without ownership or title.
shrinkwrap agreement
Legal mechanism to use a product without ownership or title.
personal jurisdiction
Legal mechanism to use a product without ownership or title.
arbitration
Legal mechanism to use a product without ownership or title.
choice of law
Clause requiring consent to jurisdiction other than a party's home state.
forum selection
Clause requiring consent to jurisdiction other than a party's home state.
UETA
Clause requiring consent to jurisdiction other than a party's home state.
license
Clause requiring consent to jurisdiction other than a party's home state.
clickwrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
browsewrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
E-Sign
Clause requiring consent to jurisdiction other than a party's home state.
shrinkwrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
personal jurisdiction
Clause requiring consent to jurisdiction other than a party's home state.
arbitration
Clause requiring consent to jurisdiction other than a party's home state.
choice of law
Uniform state statute addressing electronic signatures.
forum selection
Uniform state statute addressing electronic signatures.
UETA
Uniform state statute addressing electronic signatures.
license
Uniform state statute addressing electronic signatures.
clickwrap agreement
Uniform state statute addressing electronic signatures.
browsewrap agreement
Uniform state statute addressing electronic signatures.
E-Sign
Uniform state statute addressing electronic signatures.
shrinkwrap agreement
Uniform state statute addressing electronic signatures.
personal jurisdiction
Uniform state statute addressing electronic signatures.
arbitration
Uniform state statute addressing electronic signatures.
choice of law
Court's power to hear a case over a defendant.
forum selection
Court's power to hear a case over a defendant.
UETA
Court's power to hear a case over a defendant.
license
Court's power to hear a case over a defendant.
clickwrap agreement
Court's power to hear a case over a defendant.
browsewrap agreement
Court's power to hear a case over a defendant.
E-Sign
Court's power to hear a case over a defendant.
shrinkwrap agreement
Court's power to hear a case over a defendant.
personal jurisdiction
Court's power to hear a case over a defendant.
arbitration
Court's power to hear a case over a defendant.
choice of law
Internet agreement posted on Web page that binds user by the act of browsing.
forum selection
Internet agreement posted on Web page that binds user by the act of browsing.
UETA
Internet agreement posted on Web page that binds user by the act of browsing.
license
Internet agreement posted on Web page that binds user by the act of browsing.
clickwrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
browsewrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
E-Sign
Internet agreement posted on Web page that binds user by the act of browsing.
shrinkwrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
personal jurisdiction
Internet agreement posted on Web page that binds user by the act of browsing.
arbitration
Internet agreement posted on Web page that binds user by the act of browsing.
choice of law
Internet agreement that requires a party to click "I agree" to show assent.
forum selection
Internet agreement that requires a party to click "I agree" to show assent.
UETA
Internet agreement that requires a party to click "I agree" to show assent.
license
Internet agreement that requires a party to click "I agree" to show assent.
clickwrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
browsewrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
E-Sign
Internet agreement that requires a party to click "I agree" to show assent.
shrinkwrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
personal jurisdiction
Internet agreement that requires a party to click "I agree" to show assent.
arbitration
Internet agreement that requires a party to click "I agree" to show assent.
choice of law
Federal electronic signature act.
forum selection
Federal electronic signature act.
UETA
Federal electronic signature act.
license
Federal electronic signature act.
clickwrap agreement
Federal electronic signature act.
browsewrap agreement
Federal electronic signature act.
E-Sign
Federal electronic signature act.
shrinkwrap agreement
Federal electronic signature act.
personal jurisdiction
Federal electronic signature act.
arbitration
Federal electronic signature act.
choice of law
Alternative legal proceeding to settle disputes other than a court.
forum selection
Alternative legal proceeding to settle disputes other than a court.
UETA
Alternative legal proceeding to settle disputes other than a court.
license
Alternative legal proceeding to settle disputes other than a court.
clickwrap agreement
Alternative legal proceeding to settle disputes other than a court.
browsewrap agreement
Alternative legal proceeding to settle disputes other than a court.
E-Sign
Alternative legal proceeding to settle disputes other than a court.
shrinkwrap agreement
Alternative legal proceeding to settle disputes other than a court.
personal jurisdiction
Alternative legal proceeding to settle disputes other than a court.
arbitration
Alternative legal proceeding to settle disputes other than a court.
choice of law
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Deck 16: Contracts and the Internet: Something Borrowed, Something New
1
If parties to an Internet contract do not read the terms and conditions, the terms and conditions are not enforceable against them.
False
2
Examples of unconscionable Internet provisions include which of the following? ​

A)Arbitration clause
B)Forum selection clause
C)All of the above
D)None of the above
C
3
A license agreement is a mechanism to use a product without ownership.
True
4
A contract that requires the user to click a box indicating assent is a(n)_______ contract.

A)browsewrap
B)shrinkwrap
C)unconscionable
D)clickwrap
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5
Electronic signatures may be

A)encrypted
B)digitized
C)biometric
D)all of the above
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6
All Internet contracts are

A)unconscionable
B)enforceable
C)unenforceable
D)none of the above
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7
Some courts have enforced arbitration clauses requiring parties to arbitrate in a foreign jurisdiction.
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8
In analyzing an Internet contract, courts use which of the following?

A)The U.C.C. only
B)Mixed principles of law
C)Case precedent only
D)UCETA
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9
E-Sign is which of the following?

A)State law
B)Uniform law
C)Federal law
D)Unenforceable
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10
A browsewrap contract requires the user to click "I accept" in the drop-down box.
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11
Shrinkwrap agreements are not an enforceable contract.
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12
UETA addresses electronic signature and requires which of the following?

A)Consent
B)No consent
C)Acknowledgment only
D)None of the above
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13
Capacity can be an issue in Internet transactions.
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14
E-SIGN and UETA do not require consent to the use of electronic signatures.
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15
UCITA is the Internet equivalent of the U.C.C. and has been adopted by all states.
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16
Choice of law clause allows the parties to choose where a lawsuit will be filed.
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17
An agreement whose legal terms are inserted into the product box and the act of opening the box constitutes assent to the terms is a(n)_______ contract.

A)browsewrap
B)shrinkwrap
C)unconscionable
D)clickwrap
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18
A license agreement provides the user with

A)Ownership
B)Title
C)Use only
D)None of the above
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19
A contract is created on the Internet by ​

A)clicking "I accept"
B)browsing on a site
C)all of the above
D)none of the above
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20
Contracts on the Internet have received special treatment by courts and do not apply the U.C.C. to transactions.
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21
Match between columns
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
forum selection
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
UETA
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
license
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
clickwrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
browsewrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
E-Sign
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
shrinkwrap agreement
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
personal jurisdiction
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
arbitration
Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.
choice of law
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
forum selection
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
UETA
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
license
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
clickwrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
browsewrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
E-Sign
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
shrinkwrap agreement
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
personal jurisdiction
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
arbitration
Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.
choice of law
Legal mechanism to use a product without ownership or title.
forum selection
Legal mechanism to use a product without ownership or title.
UETA
Legal mechanism to use a product without ownership or title.
license
Legal mechanism to use a product without ownership or title.
clickwrap agreement
Legal mechanism to use a product without ownership or title.
browsewrap agreement
Legal mechanism to use a product without ownership or title.
E-Sign
Legal mechanism to use a product without ownership or title.
shrinkwrap agreement
Legal mechanism to use a product without ownership or title.
personal jurisdiction
Legal mechanism to use a product without ownership or title.
arbitration
Legal mechanism to use a product without ownership or title.
choice of law
Clause requiring consent to jurisdiction other than a party's home state.
forum selection
Clause requiring consent to jurisdiction other than a party's home state.
UETA
Clause requiring consent to jurisdiction other than a party's home state.
license
Clause requiring consent to jurisdiction other than a party's home state.
clickwrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
browsewrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
E-Sign
Clause requiring consent to jurisdiction other than a party's home state.
shrinkwrap agreement
Clause requiring consent to jurisdiction other than a party's home state.
personal jurisdiction
Clause requiring consent to jurisdiction other than a party's home state.
arbitration
Clause requiring consent to jurisdiction other than a party's home state.
choice of law
Uniform state statute addressing electronic signatures.
forum selection
Uniform state statute addressing electronic signatures.
UETA
Uniform state statute addressing electronic signatures.
license
Uniform state statute addressing electronic signatures.
clickwrap agreement
Uniform state statute addressing electronic signatures.
browsewrap agreement
Uniform state statute addressing electronic signatures.
E-Sign
Uniform state statute addressing electronic signatures.
shrinkwrap agreement
Uniform state statute addressing electronic signatures.
personal jurisdiction
Uniform state statute addressing electronic signatures.
arbitration
Uniform state statute addressing electronic signatures.
choice of law
Court's power to hear a case over a defendant.
forum selection
Court's power to hear a case over a defendant.
UETA
Court's power to hear a case over a defendant.
license
Court's power to hear a case over a defendant.
clickwrap agreement
Court's power to hear a case over a defendant.
browsewrap agreement
Court's power to hear a case over a defendant.
E-Sign
Court's power to hear a case over a defendant.
shrinkwrap agreement
Court's power to hear a case over a defendant.
personal jurisdiction
Court's power to hear a case over a defendant.
arbitration
Court's power to hear a case over a defendant.
choice of law
Internet agreement posted on Web page that binds user by the act of browsing.
forum selection
Internet agreement posted on Web page that binds user by the act of browsing.
UETA
Internet agreement posted on Web page that binds user by the act of browsing.
license
Internet agreement posted on Web page that binds user by the act of browsing.
clickwrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
browsewrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
E-Sign
Internet agreement posted on Web page that binds user by the act of browsing.
shrinkwrap agreement
Internet agreement posted on Web page that binds user by the act of browsing.
personal jurisdiction
Internet agreement posted on Web page that binds user by the act of browsing.
arbitration
Internet agreement posted on Web page that binds user by the act of browsing.
choice of law
Internet agreement that requires a party to click "I agree" to show assent.
forum selection
Internet agreement that requires a party to click "I agree" to show assent.
UETA
Internet agreement that requires a party to click "I agree" to show assent.
license
Internet agreement that requires a party to click "I agree" to show assent.
clickwrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
browsewrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
E-Sign
Internet agreement that requires a party to click "I agree" to show assent.
shrinkwrap agreement
Internet agreement that requires a party to click "I agree" to show assent.
personal jurisdiction
Internet agreement that requires a party to click "I agree" to show assent.
arbitration
Internet agreement that requires a party to click "I agree" to show assent.
choice of law
Federal electronic signature act.
forum selection
Federal electronic signature act.
UETA
Federal electronic signature act.
license
Federal electronic signature act.
clickwrap agreement
Federal electronic signature act.
browsewrap agreement
Federal electronic signature act.
E-Sign
Federal electronic signature act.
shrinkwrap agreement
Federal electronic signature act.
personal jurisdiction
Federal electronic signature act.
arbitration
Federal electronic signature act.
choice of law
Alternative legal proceeding to settle disputes other than a court.
forum selection
Alternative legal proceeding to settle disputes other than a court.
UETA
Alternative legal proceeding to settle disputes other than a court.
license
Alternative legal proceeding to settle disputes other than a court.
clickwrap agreement
Alternative legal proceeding to settle disputes other than a court.
browsewrap agreement
Alternative legal proceeding to settle disputes other than a court.
E-Sign
Alternative legal proceeding to settle disputes other than a court.
shrinkwrap agreement
Alternative legal proceeding to settle disputes other than a court.
personal jurisdiction
Alternative legal proceeding to settle disputes other than a court.
arbitration
Alternative legal proceeding to settle disputes other than a court.
choice of law
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