Please check my HW! 11. Margaret advertises a reward for the return of her lost
ID: 397198 • Letter: P
Question
Please check my HW!
11. Margaret advertises a reward for the return of her lost chihuahua. Carl, who does not know of the reward, finds and returns the dog. Carl cannot recover the reward because he
A. did not confer a benefit on Maya by returning the dog.
B. returned the dog.
C. does not need the money.
D. did not know of the reward when he found and returned the dog.
My Answer:D
12. Hank enters into a contract with Bruno over the internet to buy soybeans as a hedge against falling prices in corn. Neither party prints out a hard copy of their agreement. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), this contract can
A. be denied legal effect since neither of them printed a hard copy.
B. be denied legal effect unless a hard copy is printed and signed.
C. be denied legal effect until it is executed.
D. not be denied legal effect because it is only in electronic form.
My Answer: D
13 Fisherman Inc. and Charlie Tuna Company make a deal for Fisherman’s products, via e-records. Under the UETA, an e-record is considered sent when it
A. is signed and encrypted, and will be sent without changes.
B. is stored in the sender’s back-up system.
C. is composed on the sender’s computer.
D. leaves the sender’s control.
My Answer: D
14. Frank, who likes to play Call of Duty, can download a software update if he first clicks on “I accept” after viewing certain terms. Frank clicks and downloads the update. This
A. forms a contract that does not include those terms.
B. forms a contract that includes those terms.
C. does not form a contract but the terms are enforceable.
D. forms an unenforceable contract.
My Answer:B
15. Debra buys a song through eMusic, an online music vendor. Before completing the purchase and downloading the song, Debra must click a box confirming that she agrees not to make or sell copies of the song. This provision is
A. a browse-wrap term
B. a click-on agreement
C. a shrink-wrap agreement
D. a choice-of-law clause
My Answer: B
Explanation / Answer
11.
Correct ANS: D.
To recover the reward both parties should form a mutual agreement. But since Carl is not knowing of any such contract terms, thus there is no agreement formed between Margaret and Carl. Since, Carl did not know of the reward when he found and returned dog, agreement is not formed.
12.
Correct Ans: D
E-SIGN Act has declared that electronic contracts and signatures cannot be denied enforcement due creation in cyberspace. These documents are as enforceable as those on physical papers.
13.
ANS: D
e-record is considered sent when the document is properly directed to intended recipients in a readable format at the recipient electronic systems/platform. When the e-record leaves the control of sender or comes under the control of the recipient’s system, it is deemed to be sent.
14.
ANS: B
By click on “I accept the terms”, there forms mutual agreement or contract between the user and service provider for the terms included in the electronic document. By accepting the terms on click forms the contract with those terms.
15.
Correct answer: B.
Since Debra should show assent by clicking on the box explaining terms.
The browse-wrap terms do not require an Internet user to assent to the terms before downloading or using certain software
click-on agreement terms do require an Internet user to assent to the terms before downloading or using certain software
The terms of a shrink-wrap agreement are found inside a box in which the goods are packaged.
A choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction