Question 1

Under the UETA,an e-signature of a notary public is not sufficient to notarize a document.

Accepted Answer

The UETA allows for electronic signatures, including those of notaries, to be used to notarize documents, provided all other legal requirements are met.

Question 2

Under federal law,an electronic signature can be as valid as a signature on pa-per.

Accepted Answer

This is true according to the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), which recognize electronic signatures as legally binding.

Question 3

A record is an interaction between two or more people relating to business,commercial,or governmental activities.

Accepted Answer

A record is a documented piece of information that can be in any form, such as written, audio, or digital, and is used to provide evidence of activities, transactions, or decisions. It does not specifically require interaction between people.

Question 4

Browse-wrap terms require a user to affirmatively indicate his or her consent.

Accepted Answer

Unlike click-wrap terms, browse-wrap terms do not require an affirmative action by the user to indicate consent, such as clicking a button or checking a box. Browse-wrap terms are typically displayed somewhere on a website, usually in a footer, and are considered binding if the user continues to use the site after being made aware of the terms. However, some courts have required a user to at least have knowledge of the browse-wrap terms for them to be enforceable.

Question 5

Not all of the terms presented in shrink-wrap agreements have been enforced.

Accepted Answer

This statement is true as some terms in shrink-wrap agreements may be considered unfair or unconscionable and therefore unenforceable. Additionally, consumer protection laws may also limit the enforceability of certain terms.

Question 6

The primary purpose of the Uniform Electronic Transactions Act (UETA) is to remove barriers to e-commerce.

Accepted Answer

The Uniform Electronic Transactions Act (UETA) is a model law that provides a framework for electronic transactions in the United States. Its primary purpose is to establish the legal equivalence and enforceability of electronic records and signatures with their paper-based equivalents, and to remove barriers to e-commerce by ensuring that electronic transactions are given the same legal effect as their paper-based counterparts. Therefore, option A is the correct answer.

Question 7

A click-on agreement is an agreement whose terms are expressed inside a box in which the goods are packaged.

Accepted Answer

A click-on agreement is an online agreement in which the user must click a button or check a box to indicate their acceptance of the terms before being able to proceed with the transaction or use of the product. The terms are typically presented on a separate webpage or through a pop-up window, rather than inside the package of goods.

Question 8

Jacqi tells Kenneth,who does not know how to perform comedy,that she will tutor him in the subject for $500.As an offer,this is
A)effective.
B)not effective,because comedy is not a serious subject.
C)not effective,because Jacqi's tutoring will be subjective.
D)not effective,because Kenneth has no knowledge of the subject.

Accepted Answer

The offer is effective because it provides a clear benefit (tutoring in comedy) for a specified price. The fact that Kenneth has no prior knowledge of comedy does not necessarily make the offer ineffective - that's the whole point of tutoring.

Question 9

Under federal law,an e-signature is enforceable only if the contracting parties have agreed to use e-signatures.

Accepted Answer

Under the federal law, the Electronic Signatures in Global and National Commerce Act (ESIGN), an e-signature is enforceable only if the contracting parties have agreed to use e-signatures. This agreement can be explicit or implicit through the conduct of the parties. However, some states have additional requirements for e-signatures.

Question 10

Under the UETA,a typed name at the end of an email message is not considered an e-signature.

Accepted Answer

Under the Uniform Electronic Transactions Act (UETA), a typed name at the end of an email can be considered an electronic signature if it is intended to authenticate the document.

Question 11

Browse-wrap terms are arguably not enforceable.

Accepted Answer

Browse-wrap terms are often found in website terms of service agreements where the agreement is posted on the website and users are deemed to have agreed to the terms simply by using the website. However, because there is no affirmative action required on the part of the user to accept the terms, they are considered weaker agreements and may not be enforceable in certain jurisdictions.

Question 12

Mary admires Julia's collection of scarves.Julia says "I might sell you a few someday,if I get tired of them." Julia's statement is
A)an effective offer.
B)not an effective offer because it has not been communicated to Mary.
C)not an effective offer because the Julia does not show a serious intent to be bound.
D)an acceptance.

Accepted Answer

Julia's statement is not an effective offer because she does not show a serious intent to be bound. She only states that she might sell a few someday if she gets tired of them, which suggests that there is no definite offer on the table. Additionally, there is no indication that a price or other specific terms have been discussed or agreed upon, which would be necessary for a valid offer.

Question 13

Under the UETA,a contract is unenforceable if it is solely in electronic form.

Accepted Answer

Under the UETA, electronic contracts are generally enforceable and have the same legal validity as paper contracts. Therefore, a contract is not unenforceable if it is solely in electronic form.

Question 14

A shrink-wrap agreement is an agreement whose terms are expressed in-side a box in which the goods are packaged.

Accepted Answer

A shrink-wrap agreement refers to the terms and conditions that are presented to the buyer of a product or service within the packaging of that product or service. This type of agreement is commonly used in the sale of software, where the buyer must agree to the terms before using the software. The terms of the agreement are considered accepted if the buyer opens the package, indicating their acceptance of the terms inside.

Question 15

The E-Sign Act does not preempt the uniform version of the UETA.

Accepted Answer

The E-Sign Act and UETA can coexist, with UETA providing additional clarification and specifics for electronic transactions that are not covered by E-Sign. Therefore, the uniform version of UETA is not preempted by the E-Sign Act.

Question 16

Fresh Fast Service,Inc.,offers to deliver produceto Growers' Market's customers for a certain price.Fresh's intent to extend a serious offer to Growers' Market is determined by reference to
A)Fresh's assumptions.
B)Fresh's beliefs.
C)Fresh's intentions.
D)what a reasonable person in Growers' position would conclude Fresh's words and actions meant.

Accepted Answer

The best choice is D because it refers to what a reasonable person in Growers' Market's position would conclude Fresh's words and actions meant. It relies on an objective interpretation of Fresh's offer rather than Fresh's subjective assumptions or beliefs about their offer.

Question 17

Peter and Ray are riding their horses together.Peter jokingly tells Ray that Ray's horse is too slow.Ray laughs and jokingly responds "Yes,he is too slow! I would sell him for $5!" Peter hands Ray $5.This is
A)a valid acceptance because Peter gave Ray the money in a reasonable time.
B)a valid acceptance because there is consideration on both sides.
C)not a valid acceptance because Ray's offer was made in jest.
D)not a valid acceptance because Ray's horse is worth more than $5.

Accepted Answer

Ray's offer was made in jest and was not a serious offer. It was not intended as a valid acceptance and therefore Peter's payment of $5 cannot be considered as acceptance of a contract. There is no intention to create legal relations between two parties.

Question 18

May tries to start her new car with no success.She yells that she will sell the car to anyone for $10.Nick,a passerby who owns Nick's Pre-owned Autos,hands May $10.This is
A)a valid acceptance because May is seriously frustrated.
B)a valid acceptance because Nick is a car dealer.
C)not a valid acceptance because May does not seriously intend to sell.
D)not a valid acceptance because Nick is a car dealer.

Accepted Answer

The answer of May tries to start her new car...

Question 19

The UETA does not require the use of security procedures to verify changes to electronic documents and to correct errors.

Accepted Answer

The UETA does not require the use of security procedures to verify changes to electronic documents and to correct errors.

Question 20

Under the Electronic Signatures in Global and National Commerce Act,a signature may not be denied legal effect solely because it is in electronic form.

Accepted Answer

The Electronic Signatures in Global and National Commerce Act specifically states that electronic signatures cannot be denied legal effect solely because they are in electronic form.

Quiz 9: Agreement in Traditional and E-Contracts

Under the UETA,an e-signature of a notary public is not sufficient to notarize a document.

Under federal law,an electronic signature can be as valid as a signature on pa-per.

A record is an interaction between two or more people relating to business,commercial,or governmental activities.

Browse-wrap terms require a user to affirmatively indicate his or her consent.

Not all of the terms presented in shrink-wrap agreements have been enforced.

The primary purpose of the Uniform Electronic Transactions Act (UETA) is to remove barriers to e-commerce.

A click-on agreement is an agreement whose terms are expressed inside a box in which the goods are packaged.

Jacqi tells Kenneth,who does not know how to perform comedy,that she will tutor him in the subject for $500.As an offer,this is

Under federal law,an e-signature is enforceable only if the contracting parties have agreed to use e-signatures.

Under the UETA,a typed name at the end of an email message is not considered an e-signature.

Browse-wrap terms are arguably not enforceable.

Mary admires Julia's collection of scarves.Julia says "I might sell you a few someday,if I get tired of them." Julia's statement is

Under the UETA,a contract is unenforceable if it is solely in electronic form.

A shrink-wrap agreement is an agreement whose terms are expressed in-side a box in which the goods are packaged.

The E-Sign Act does not preempt the uniform version of the UETA.

Fresh Fast Service,Inc.,offers to deliver produceto Growers' Market's customers for a certain price.Fresh's intent to extend a serious offer to Growers' Market is determined by reference to

Peter and Ray are riding their horses together.Peter jokingly tells Ray that Ray's horse is too slow.Ray laughs and jokingly responds "Yes,he is too slow! I would sell him for $5!" Peter hands Ray $5.This is

May tries to start her new car with no success.She yells that she will sell the car to anyone for $10.Nick,a passerby who owns Nick's Pre-owned Autos,hands May $10.This is

The UETA does not require the use of security procedures to verify changes to electronic documents and to correct errors.

Under the Electronic Signatures in Global and National Commerce Act,a signature may not be denied legal effect solely because it is in electronic form.