E-Contracts and E-Signatures

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Questions

Question 1

What basic requirements must an e-contract meet to be considered valid, similar to traditional contracts?

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Question 2

In the case of Feldman v. Google, Inc., the court found the 'clickwrap' agreement to be enforceable. What was a key factor in this decision?

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Question 3

What is the key difference between a click-on agreement and a browse-wrap agreement?

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Question 4

A shrink-wrap agreement is an agreement whose terms are expressed inside a box in which goods are packaged. Courts have often enforced these agreements on the reasoning that:

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Question 5

In what year was the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) enacted by Congress?

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Question 6

Which of the following documents is generally EXEMPT from the provisions of the E-SIGN Act?

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Question 7

What is the primary purpose of the Uniform Electronic Transactions Act (UETA)?

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Question 8

Under the UETA, how is an electronic record considered 'sent'?

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Question 9

When is an electronic record considered 'received' under the UETA?

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Question 10

What is the relationship between the federal E-SIGN Act and a state's version of the UETA?

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Question 11

A seller's website includes a hypertext link to a page with the full contract terms for an online offer. According to the text, what is a general recommendation for the format of this contract?

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Question 12

What is a partnering agreement in the context of e-commerce?

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Question 13

Under UETA, what is required before the act's provisions can be applied to a transaction between parties?

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Question 14

What is the primary function of a forum-selection clause in an online contract?

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Question 15

What is the legal status of an 'e-signature' under the E-SIGN Act?

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Question 16

How does the UETA define a 'record'?

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Question 17

Under Section 10 of the UETA, if parties have not agreed to a security procedure and one party makes an error in an electronic transaction, how is the effect of the error determined?

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Question 18

What type of technology is used in a public-key infrastructure to create a digital signature?

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Question 19

In the case of Mortgage Plus, Inc. v. DocMagic, Inc., the court upheld the forum-selection clause in the click-wrap software license agreement. What was Mortgage Plus's primary argument against its enforcement?

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Question 20

What role does a cybernotary play in a public-key infrastructure system?

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Question 21

In the case Specht v. Netscape Communications Corp., why did the court find the browse-wrap license agreement unenforceable?

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Question 22

What is the primary objective of the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts?

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Question 23

How is a 'transaction' defined under the Uniform Electronic Transactions Act (UETA)?

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Question 24

The text discusses an online offer should include several provisions. Which of the following is NOT one of the recommended provisions?

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Question 25

In the case of Amber Chemical, Inc. v. Reilly Industries, Inc., the court considered whether an oral agreement existed despite a series of e-mails that did not form a complete written contract. What legal doctrine did Amber Chemical use to argue that the oral promise should be enforced?

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Question 26

What does UETA's concept of 'attribution' refer to?

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Question 27

In the case of Feldman v. Google, Inc., the AdWords agreement was presented in a scrollable text box with a prominent admonition to read the terms. How did this presentation method affect the court's decision on whether Feldman had reasonable notice?

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Question 28

According to the Restatement (Second) of Contracts, a binding contract can be created by what methods?

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Question 29

The text discusses several international efforts to regulate e-commerce. The Cyber-Crime Convention, signed by thirty nations, prohibits which of the following activities?

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Question 30

To be valid under the E-SIGN Act, what is required of an electronic document?

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Question 31

What does the 'attribution' provision of the UETA state regarding an e-mail purchase order where a person has typed their name at the bottom?

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Question 32

In what situation might a court enforce terms from a shrink-wrap agreement, according to ProCD, Inc. v. Zeidenberg?

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Question 33

According to the UETA, if an existing state law requires a document to be notarized, how can this requirement be satisfied electronically?

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Question 34

The federal E-SIGN Act provides that 'no contract, record, or signature may be denied legal effect solely because it is in electronic form.' For this to apply, what must the contracting parties have done?

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Question 35

In the context of click fraud allegations in Feldman v. Google, Inc., Feldman claimed that at least what percentage of the clicks he was charged for were fraudulent?

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Question 36

If a court finds that a buyer learned of shrink-wrap terms *after* the contract was formed, how might the court treat those terms?

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Question 37

What is the primary reason that state laws governing e-signatures, like the UETA, were created?

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Question 38

What does a digitized handwritten signature typically involve?

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Question 39

Under the UETA, where is an electronic record generally considered to be sent from if a party has multiple places of business?

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Question 40

The 'Insight into the Global Environment' feature discusses the Cyber-Crime Convention. Approximately how many nations have signed this treaty?

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Question 41

In the case of Amber Chemical, Inc. v. Reilly Industries, Inc., what evidence indicated an oral requirements contract was formed?

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Question 42

To avoid the effect of an error under UETA, what must a party do after discovering it?

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Question 43

What is the primary reason for the legal controversy surrounding browse-wrap terms?

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Question 44

The Uniform Electronic Transactions Act (UETA) was promulgated in what year?

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Question 45

Which statement best describes the coverage of the UETA?

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Question 46

What is one of the main benefits for online sellers of including a forum-selection clause in their contracts?

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Question 47

When a court considers whether a shrink-wrap agreement is enforceable, what is an important factor regarding the timing of contract formation?

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Question 48

What is the effect of a record under UETA if the individual's name does not appear on it, such as in a voice-mail message?

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Question 49

An 'e-agent' is a semiautonomous computer program that can execute specific tasks. What does Section 15 of the UETA state about contracts formed by e-agents?

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Question 50

According to the UETA, what recourse does a party have if they make an error in a transaction with an e-agent that did not provide an opportunity to prevent errors (e.g., a confirmation screen)?

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Introduction to Law and Legal ReasoningCourts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityIntellectual Property and Internet LawCriminal Law and Cyber CrimeNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceLaw for Small BusinessesAdministrative LawConsumer LawEnvironmental LawAntitrust LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy