Question 1

Some courts have refused to enforce certain terms in an online contract because the buyer did not expressly consent to them. In which of the following online purchases is a buyer most likely be held to the terms of the contract:

a. A browse-wrap agreement where the terms of the agreement can be viewed only by scrolling to a screen that is available to be read only after clicking on an "I agree" box.

b. A browse-wrap agreement where software can be downloaded without having to click on an "I agree" or "I accept" box.

c. A shrink-wrap agreement where the contract terms are printed in a document that can only be read for the first time after the buyer opens a shrink-wrapped (sealed in plastic) box.

d. A shrink-wrap agreement where the buyer fails to object to the provision in the contract document, uses the product and then later objects to the contract terms.

Question 2

The primary purpose of the federal Electronic Signature in Global and National Commerce Act as well as the Uniform Electronic Transactions Act enacted by state legislatures is:

a. To give the same legal effect to electronic records of signatures and contracts as is given to signatures and contracts written on paper.

b. To require parties to conduct all their contract negotiations by computer-based communications.

c. To eliminate the need for partnering agreements by parties who frequently do business with each other where they agree to uniform terms and conditions to accompany each sale by parties.

d. To give the same legal effect to every and all legal documents, including electronic wills, prenuptial agreements, divorce decrees and court documents as has traditionally been given to those written on paper.

Question 3

Mary and Bill enter into an agreement in which Mary agrees to sell to Bill her used television set for the sum of $550 that is available online from several sources for $425. Bill no realizes he could have purchased the television for less. This agreement is:

a. Illegal because the set is only worth $425.

b. Unenforceable because the set is only worth $425.

c. Unenforceable. The inadequacy of the consideration, the modest price for the television, will shock the conscience of the court.

d. Enforceable. The court will not allow either of the parties to withdraw from the performance obligations found in this contract.