Exam 11: B: Agreement in Traditional and E-Contracts

Fanny tells Eden that she will sign a lease if it includes a clause permitting Fanny to ex?tend the lease at the same amount of rent.Fanny's intent to sign the lease is determined by reference to Fanny's

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

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 offeree's power of acceptance is terminated when the offeror dies unless the offer is irrevocable.

A "sale" of software generally involves only a right to use the software.

Royal Properties,Inc. ,mails a flyer to hundreds of firms,advertising a building for sale.Standard Manufacturing Company responds by saying,"We accept your offer." Between Royal and Standard,there is

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

State e-signature laws are uniform.

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

Flem,a user of GameCenter.com's Web site,can download gaming software for free if he first clicks on "I accept" after viewing certain terms.This is

An agreement is evidenced by a single event: an offer.

A statement of future intent-"I plan to sell my 700-pound sow"-is an offer.

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

An acceptance subject to new conditions implicitly rejects the offer.

The UETA does not apply to a transaction unless the parties agreed to conduct the transaction electronically.

A forum-selection clause indicates the place for the resolution of a dispute arising under a contract.

Grant offers to sell his Honda Civic for $10,000 to Ivy.Referring to the prices for similar Hondas,Ivy says,"I'll pay no more than $5,000." Grant says,"Forget it." Grant's offer was terminated by

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.

The UETA covers only e-records and e-signatures relating to a transaction.