Question 1

If parties to an Internet contract do not read the terms and conditions, the terms and conditions are not enforceable against them.

Accepted Answer

The parties are still bound by the terms and conditions even if they do not read them. Ignorance of the terms and conditions is not a defense in the enforcement of an Internet contract.

Question 2

Examples of unconscionable Internet provisions include which of the following? &#8203;&#10;A)Arbitration clause&#10;B)Forum selection clause&#10;C)All of the above&#10;D)None of the above

Accepted Answer

Both arbitration clause and forum selection clause are examples of unconscionable internet provisions. Arbitration clauses require parties to settle disputes through arbitration instead of through the court system, which may limit the rights of an individual in a dispute. Forum selection clauses require individuals to litigate disputes in a specific jurisdiction, which may be inconvenient or unfair to one of the parties involved. Both of these provisions may be considered unconscionable if they are not clearly disclosed or if they heavily favor one party over the other.

Question 3

A license agreement is a mechanism to use a product without ownership.

Accepted Answer

A license agreement allows a person or company to use a product or technology without obtaining ownership rights, usually in exchange for payment and subject to certain conditions and restrictions.

Question 4

A contract that requires the user to click a box indicating assent is a(n)_______ contract.&#10;A)browsewrap&#10;B)shrinkwrap&#10;C)unconscionable&#10;D)clickwrap

Accepted Answer

A clickwrap contract requires the user to actively click a box indicating their agreement to the terms and conditions before being able to use the service.

Question 5

Electronic signatures may be&#10;A)encrypted&#10;B)digitized&#10;C)biometric&#10;D)all of the above

Accepted Answer

Electronic signatures can be encrypted, meaning the signature is coded in such a way that only authorized parties can access or decipher it. They can also be digitized, meaning a person's handwritten signature is converted to a digital format. Finally, electronic signatures can be biometric, which involves using a person's unique physiological characteristics (such as fingerprints, facial recognition, or iris scans) to create a signature. Therefore, all of the above options are correct.

Question 6

All Internet contracts are&#10;A)unconscionable&#10;B)enforceable&#10;C)unenforceable&#10;D)none of the above

Accepted Answer

Internet contracts can be enforceable or unenforceable depending on the circumstances, so not all fall into one category.

Question 7

Some courts have enforced arbitration clauses requiring parties to arbitrate in a foreign jurisdiction.

Accepted Answer

It is possible for courts to enforce arbitration clauses that require parties to arbitrate in a foreign jurisdiction. However, the enforceability of such clauses may depend on various factors such as the parties' intentions, the governing law, and the fairness of the arbitration process.

Question 8

In analyzing an Internet contract, courts use which of the following?&#10;A)The U.C.C. only&#10;B)Mixed principles of law&#10;C)Case precedent only&#10;D)UCETA

Accepted Answer

Courts use mixed principles of law when analyzing an Internet contract because it involves both contract law and the unique aspects of electronic transactions. The principles of contract law, such as offer, acceptance, and consideration, apply to Internet contracts. However, there are also issues unique to electronic transactions, such as how to determine when and where a contract is formed and the use of electronic signatures. Therefore, courts will consider both contract law and the specific laws and regulations related to electronic transactions when analyzing Internet contracts.

Question 9

E-Sign is which of the following?&#10;A)State law&#10;B)Uniform law&#10;C)Federal law&#10;D)Unenforceable

Accepted Answer

E-Sign is a federal law that facilitates the use of electronic signatures and records in interstate or foreign commerce.

Question 10

A browsewrap contract requires the user to click &#34;I accept&#34; in the drop-down box.

Accepted Answer

A browsewrap contract does not require the user to specifically click "I accept" in a drop-down box. Instead, the user's continued use of the website or service indicates their acceptance of the terms and conditions.

Question 11

Shrinkwrap agreements are not an enforceable contract.

Accepted Answer

The answer of Shrinkwrap agreements are not an enforceable contract....

Question 12

UETA addresses electronic signature and requires which of the following?&#10;A)Consent&#10;B)No consent&#10;C)Acknowledgment only&#10;D)None of the above

Accepted Answer

The answer of UETA addresses electronic signature and requires which...

Question 13

Capacity can be an issue in Internet transactions.

Accepted Answer

The answer of Capacity can be an issue in Internet...

Question 14

E-SIGN and UETA do not require consent to the use of electronic signatures.

Accepted Answer

The answer of E-SIGN and UETA do not require consent...

Question 15

UCITA is the Internet equivalent of the U.C.C. and has been adopted by all states.

Accepted Answer

The answer of UCITA is the Internet equivalent of the...

Question 16

Choice of law clause allows the parties to choose where a lawsuit will be filed.

Accepted Answer

The answer of Choice of law clause allows the parties...

Question 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.&#10;A)browsewrap&#10;B)shrinkwrap&#10;C)unconscionable&#10;D)clickwrap

Accepted Answer

The answer of An agreement whose legal terms are inserted...

Question 18

A license agreement provides the user with&#10;A)Ownership&#10;B)Title&#10;C)Use only&#10;D)None of the above

Accepted Answer

The answer of A license agreement provides the user with&#10;A)Ownership&#10;B)Title&#10;C)Use...

Question 19

A contract is created on the Internet by &#8203;&#10;A)clicking &#34;I accept&#34;&#10;B)browsing on a site&#10;C)all of the above&#10;D)none of the above

Accepted Answer

The answer of A contract is created on the Internet...

Question 20

Contracts on the Internet have received special treatment by courts and do not apply the U.C.C. to transactions.

Accepted Answer

The answer of Contracts on the Internet have received special...

Question 21

Match between columns&#10;                        Premises: Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Internet agreement inserted into product box whereby opening it indicates assent to the terms and conditions of the contract.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Clause that allows parties to select jurisdiction to file lawsuit if dispute arises.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Legal mechanism to use a product without ownership or title.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Clause requiring consent to jurisdiction other than a party's home state.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Uniform state statute addressing electronic signatures.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Court's power to hear a case over a defendant.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement posted on Web page that binds user by the act of browsing.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Internet agreement that requires a party to click &#34;I agree&#34; to show assent.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Federal electronic signature act.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.&#10;Alternative legal proceeding to settle disputes other than a court.

Accepted Answer

The Answer of forum selection and UETA and license and is...

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