Exam 11: Agreement in Traditional and E-Contracts

Tomato Farms (TF)offers to sell Unified Grocers,Inc.,a boxcar load of tomatoes.The offer is sent via overnight delivery because an acceptance is re?quired urgently.It would be most reasonable for Unified to accept via

Lightspeed Corporation makes computers,each of which is packaged with a shrink-wrap agreement.Milo buys a Lightspeed desktop.The terms of the shrink-wrap agreement are most likely enforceable if

Magic Math Corporation makes business accounting software,which is packaged with a shrink-wrap agreement.National Distribution Company distributes the software to retailers,including an Office Stuff store,where Peg buys a package of it.The parties to the shrink-wrap agreement are

Deepwater Mining Corporation offers to sell East China Refining,Inc.,a certain quantity of unrefined oil.If East China sends an acceptance via Deepwater's authorized mode of communication,it will be effective when it is

Nate tells Opal,"I might sell the skis that I bought last fall since I haven't used them and the skiing season is almost over." This is

A counteroffer does not terminate but continues an offer.

If an offeror does not expressly authorize a certain mode of acceptance,then acceptance may be made by any reasonable means.

Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must agree to a provision not to make and sell copies of the song.This provision is

An offeror must have a serious intention to become bound by the offer.

An advertisement-"this property for sale"-is an offer.

An acceptance subject to new conditions implicitly rejects the offer.

Beyond-the-Sea Corporation and Homeport Company make a deal for Homeport's products,via e-records.Under the UETA,an e-record is considered sent when it

Alan offers to transfer Beth's DVDs to digital flash drives for $150 plus the cost of the drives.The mailbox rule will not apply if Beth accepts the offer by

Bill offers to sell his Consumer Service Center business to Dina for $100,000.Dina replies,"The price is too high.I will buy it for $90,000." Dina has

Howie enters into a contract with Ida over the Internet to buy soybeans as a hedge against falling prices in corn.Neither party prints out a hard copy.Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act),this contract can

Somethin'-in-the-Oven Corporation and Cookin' Good,Inc.,transact a deal under the UETA.Other state law applies to a dispute between the parties relating to

On May 1,Brand Name Industries,Inc.(BNI),sent Carol a letter,via overnight delivery,offering to employ her to audit BNI's financial state?ments for the current year for $1,000.In the letter,BNI stated that Carol had ten days to accept.On May 5,Carol sent BNI a fax that stated,"The price for the audit seems too low.Would you consider paying $1,200?" BNI received the fax.The next day,Dan offered to conduct the audit for $800.On learning of Dan's offer,Carol immediately e-mailed BNI,agree?ing to do the work for $1,000.BNI received this e-mail on May 7.Explain why BNI and Carol do,or do not,have a contract.

An invitation to negotiate-"can you afford this?"-is an offer.

Yvon asks Zack,"Do you want to buy one of my fishing rods?" This is

Omega,Inc.,sells business application software-accounting and book?keeping programs,blank business forms,inventory control functions,and so on-in different combinations,in different packages,at different prices.Each package includes a shrink-wrap agreement that limits warranties and remedies.Precision Engineering Associates (PEA)buys an Omega package and uses the product.Later,PEA files a suit against Omega,claiming that the software is flawed and that the flaws caused PEA to suffer business losses.PEA asks for relief that exceeds the limits in the shrink-wrap agreement.What are shrink-wrap agreements? Are these agreements al?ways enforced? Under what circumstances is a court likely to enforce this agree?ment?