Question 1

On behalf of Bobble Head Manufacturing Company,Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company.Under the UETA,Carmela's typed name qualifies as

Accepted Answer

Under the UETA, a "signature" can include any symbol executed or adopted by a party with the present intention to authenticate a writing. The typed name at the bottom of an e-mail, with the present intention to authenticate a purchase order, qualifies as a "signature." Therefore option A is correct.

Question 2

Deluxe Awnings,Inc.,offers Elbert a job as an installer.No time for acceptance is specified in the offer.The offer will terminate

Accepted Answer

When no time for acceptance is specified in an offer, the offer will terminate after a reasonable period of time. This is because the offeree needs a reasonable amount of time to consider and accept the offer. The amount of time considered "reasonable" may vary depending on the circumstances, but it is generally determined by what is customary in the industry or by the nature of the offer. Therefore, option A is the best choice. Option B and C are too specific and may not apply to every situation. Option D is incorrect, as all offers must have a termination date or conditions for termination.

Question 3

Moby negotiates a contract with Nora via e-mail.It is reasonable to infer that Moby has consented to​

Accepted Answer

The fact that Moby negotiated a contract with Nora via e-mail implies that he has already consented to transacting business electronically.

Question 4

Ricci,a user of SmartPhoneApps.com's Web site,can download apps for free if she first clicks on "I accept" after viewing certain terms.This is

Accepted Answer

By clicking "I accept" after viewing the terms, Ricci is indicating her agreement to those terms, which creates a contract between her and SmartPhoneApps.com. As long as the terms are reasonable and enforceable, this contract is valid and binding.

Question 5

Odina signs a covenant not to compete with her employer,Penultimate Sales Corporation.A court decides that the covenant is overly restrictive.Depending on the jurisdiction,the court will likely​

Accepted Answer

In some jurisdictions, if a covenant not to compete is found to be overly restrictive, the court will not enforce it as written but will reform its terms to make them more reasonable and to prevent any undue burden on the employee's ability to find work. This approach allows some protection for the employer's legitimate business interests while balancing the employee's freedom to work and compete.

Question 6

Corporate Code,Inc.,sells business 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.Developmental Research Corporation (DRC)buys a Corporate Code package and uses the product.Later,DRC files a suit against the software seller,claiming that the product was flawed and that the flaws caused DRC to suffer business losses.DRC asks for relief that exceeds the limits in the shrink-wrap agreement.What is a shrink-wrap agreement? Are such agreements always enforced? Under what circumstances is a court likely to enforce this agreement?

Accepted Answer

The answer of Corporate Code,Inc.,sells business software-accounting and book-keeping programs,blank...

Question 7

Kelby enters into a contract with Lara on a social media network to buy her stock in Mobile Devices Corporation.Neither party prints out a hard copy.Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act),this contract can

Accepted Answer

The E-SIGN Act states that contracts cannot be denied legal effect solely because they are in electronic form. Therefore, the fact that Kelby and Lara did not print out a hard copy does not affect the validity of the contract. Option A is incorrect because UCC Article 2 applies to the sale of goods and does not pertain to the validity of contracts executed electronically. Option B is incorrect because the E-SIGN Act allows for electronic signatures and does not require a hard copy to be printed. Option C is incorrect because the E-SIGN Act recognizes electronic signatures as legally binding.

Question 8

Jolie signs a contract with Keaton,an unlicensed physician,to perform plastic surgery-a medical procedure.This contract is enforceable by​

Accepted Answer

The contract is unenforceable as Keaton is an unlicensed physician and therefore not legally allowed to perform the procedure. Any agreements made with an unlicensed physician would not hold up in court.

Question 9

Philo,a businessperson,is a friend of Quiana,the owner of Rise n' Shine,a coffee stand.Every day,Philo spends a few minutes at the stand,watching the brewing,considering the options,and usually buying a cup of coffee and something extra-a bagel,a muffin,a cookie,or a sandwich.One afternoon,Philo comes to the stand and picks up a bottle of iced coffee and a sandwich priced at $5 each.Philo waves the items at Quiana without saying a word and walks out.Is there a contract? If so,how would it be classified in terms of formation,performance,and enforceability?

Accepted Answer

The answer of Philo,a businessperson,is a friend of Quiana,the owner...

Question 10

Mark is creating Nu2U.com,a Web site through which he will enter into contracts over the Internet.Important terms to include in his offers include

Accepted Answer

Provisions specifying the remedies if the contract is breached are important terms to include in any contract, especially those entered into over the Internet. This will protect both parties in case the contract is not fulfilled. The other options (B, C, and D) are not necessary or relevant to the contract terms.

Question 11

Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is​

Accepted Answer

The provision that Deb must review and agree to before purchasing and downloading the song is a click-on agreement. This is because she must actively click "I agree" in order to proceed with the purchase, which is a characteristic of a click-on agreement.

Question 12

Bret buys a subscription to the catalog of music provided by Concerto,an online music vendor.Before accessing the catalog,Bret must agree to a provision stating that she will not make and sell copies of the music.This provision is​

Accepted Answer

This is a click-on agreement because Bret has to positively click or agree to the provision before accessing the catalog.

Quiz 12: The Formation of Traditional and E-Contracts

On behalf of Bobble Head Manufacturing Company,Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company.Under the UETA,Carmela's typed name qualifies as

Deluxe Awnings,Inc.,offers Elbert a job as an installer.No time for acceptance is specified in the offer.The offer will terminate

Moby negotiates a contract with Nora via e-mail.It is reasonable to infer that Moby has consented to

Ricci,a user of SmartPhoneApps.com's Web site,can download apps for free if she first clicks on "I accept" after viewing certain terms.This is

Odina signs a covenant not to compete with her employer,Penultimate Sales Corporation.A court decides that the covenant is overly restrictive.Depending on the jurisdiction,the court will likely

Kelby enters into a contract with Lara on a social media network to buy her stock in Mobile Devices Corporation.Neither party prints out a hard copy.Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) ,this contract can

Jolie signs a contract with Keaton,an unlicensed physician,to perform plastic surgery-a medical procedure.This contract is enforceable by

Mark is creating Nu2U.com,a Web site through which he will enter into contracts over the Internet.Important terms to include in his offers include

Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is

Bret buys a subscription to the catalog of music provided by Concerto,an online music vendor.Before accessing the catalog,Bret must agree to a provision stating that she will not make and sell copies of the music.This provision is

Quiz 12: The Formation of Traditional and E-Contracts

On behalf of Bobble Head Manufacturing Company,Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company.Under the UETA,Carmela's typed name qualifies as

Deluxe Awnings,Inc.,offers Elbert a job as an installer.No time for acceptance is specified in the offer.The offer will terminate

Moby negotiates a contract with Nora via e-mail.It is reasonable to infer that Moby has consented to​

Ricci,a user of SmartPhoneApps.com's Web site,can download apps for free if she first clicks on "I accept" after viewing certain terms.This is

Odina signs a covenant not to compete with her employer,Penultimate Sales Corporation.A court decides that the covenant is overly restrictive.Depending on the jurisdiction,the court will likely​

Kelby enters into a contract with Lara on a social media network to buy her stock in Mobile Devices Corporation.Neither party prints out a hard copy.Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) ,this contract can

Jolie signs a contract with Keaton,an unlicensed physician,to perform plastic surgery-a medical procedure.This contract is enforceable by​

Mark is creating Nu2U.com,a Web site through which he will enter into contracts over the Internet.Important terms to include in his offers include

Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is​

Bret buys a subscription to the catalog of music provided by Concerto,an online music vendor.Before accessing the catalog,Bret must agree to a provision stating that she will not make and sell copies of the music.This provision is​

Moby negotiates a contract with Nora via e-mail.It is reasonable to infer that Moby has consented to

Odina signs a covenant not to compete with her employer,Penultimate Sales Corporation.A court decides that the covenant is overly restrictive.Depending on the jurisdiction,the court will likely

Jolie signs a contract with Keaton,an unlicensed physician,to perform plastic surgery-a medical procedure.This contract is enforceable by

Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is

Bret buys a subscription to the catalog of music provided by Concerto,an online music vendor.Before accessing the catalog,Bret must agree to a provision stating that she will not make and sell copies of the music.This provision is