week 3 business law - 1 Did the Hyatts accept the list of...

Info icon This preview shows pages 1–2. Sign up to view the full content.

1. Did the Hyatts accept the list of contract terms included in the computer box? Why or why not? Yes. Ted and Betty Hyatt accepted the list of contract terms.The computer box came with what is known as a shrink-wrap agreement, meaning that the terms were enclosed and is an agreement between a buyer and manufacturer. The courts have stated that if a shrink-wrap agreement is included with the product, the seller has proposed a contract that the buyer accepts by using the product after having had an opportunity to read the terms. (Miller, p214). 2. What type of agreement did the Hyatts form with Cyber Tool? Cyber tool used what is called a browse-wrap agreement. These types of agreements do not require the user to agree to terms prior to start of use of software on the computer. They did not necessarily have to click on “I agree” in order for the contract to become effective. (Miller, p214) 3. Suppose that the Hyatts experienced trouble with the computer’s components after they had used the computer for two months. What factors will a court consider in deciding whether to enforce the forum-selection clause? Would a court be likely to enforce the clause in this contract? Why or why not? Whether or not to enforce a forum selection clause, would depend on factors such as the private good, public good, and others as to whether or not the case needs or should be heard in the forum specified in the clause.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern