E-Contracts and E-Signatures
50 questions available
Questions
What basic requirements must an e-contract meet to be considered valid, similar to traditional contracts?
View answer and explanationIn the case of Feldman v. Google, Inc., the court found the 'clickwrap' agreement to be enforceable. What was a key factor in this decision?
View answer and explanationWhat is the key difference between a click-on agreement and a browse-wrap agreement?
View answer and explanationA 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:
View answer and explanationIn what year was the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) enacted by Congress?
View answer and explanationWhich of the following documents is generally EXEMPT from the provisions of the E-SIGN Act?
View answer and explanationWhat is the primary purpose of the Uniform Electronic Transactions Act (UETA)?
View answer and explanationUnder the UETA, how is an electronic record considered 'sent'?
View answer and explanationWhen is an electronic record considered 'received' under the UETA?
View answer and explanationWhat is the relationship between the federal E-SIGN Act and a state's version of the UETA?
View answer and explanationA 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?
View answer and explanationWhat is a partnering agreement in the context of e-commerce?
View answer and explanationUnder UETA, what is required before the act's provisions can be applied to a transaction between parties?
View answer and explanationWhat is the primary function of a forum-selection clause in an online contract?
View answer and explanationWhat is the legal status of an 'e-signature' under the E-SIGN Act?
View answer and explanationHow does the UETA define a 'record'?
View answer and explanationUnder 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?
View answer and explanationWhat type of technology is used in a public-key infrastructure to create a digital signature?
View answer and explanationIn 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?
View answer and explanationWhat role does a cybernotary play in a public-key infrastructure system?
View answer and explanationIn the case Specht v. Netscape Communications Corp., why did the court find the browse-wrap license agreement unenforceable?
View answer and explanationWhat is the primary objective of the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts?
View answer and explanationHow is a 'transaction' defined under the Uniform Electronic Transactions Act (UETA)?
View answer and explanationThe text discusses an online offer should include several provisions. Which of the following is NOT one of the recommended provisions?
View answer and explanationIn 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?
View answer and explanationWhat does UETA's concept of 'attribution' refer to?
View answer and explanationIn 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?
View answer and explanationAccording to the Restatement (Second) of Contracts, a binding contract can be created by what methods?
View answer and explanationThe text discusses several international efforts to regulate e-commerce. The Cyber-Crime Convention, signed by thirty nations, prohibits which of the following activities?
View answer and explanationTo be valid under the E-SIGN Act, what is required of an electronic document?
View answer and explanationWhat does the 'attribution' provision of the UETA state regarding an e-mail purchase order where a person has typed their name at the bottom?
View answer and explanationIn what situation might a court enforce terms from a shrink-wrap agreement, according to ProCD, Inc. v. Zeidenberg?
View answer and explanationAccording to the UETA, if an existing state law requires a document to be notarized, how can this requirement be satisfied electronically?
View answer and explanationThe 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?
View answer and explanationIn 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?
View answer and explanationIf a court finds that a buyer learned of shrink-wrap terms *after* the contract was formed, how might the court treat those terms?
View answer and explanationWhat is the primary reason that state laws governing e-signatures, like the UETA, were created?
View answer and explanationWhat does a digitized handwritten signature typically involve?
View answer and explanationUnder the UETA, where is an electronic record generally considered to be sent from if a party has multiple places of business?
View answer and explanationThe 'Insight into the Global Environment' feature discusses the Cyber-Crime Convention. Approximately how many nations have signed this treaty?
View answer and explanationIn the case of Amber Chemical, Inc. v. Reilly Industries, Inc., what evidence indicated an oral requirements contract was formed?
View answer and explanationTo avoid the effect of an error under UETA, what must a party do after discovering it?
View answer and explanationWhat is the primary reason for the legal controversy surrounding browse-wrap terms?
View answer and explanationThe Uniform Electronic Transactions Act (UETA) was promulgated in what year?
View answer and explanationWhich statement best describes the coverage of the UETA?
View answer and explanationWhat is one of the main benefits for online sellers of including a forum-selection clause in their contracts?
View answer and explanationWhen a court considers whether a shrink-wrap agreement is enforceable, what is an important factor regarding the timing of contract formation?
View answer and explanationWhat 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?
View answer and explanationAn '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?
View answer and explanationAccording 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)?
View answer and explanation