22download_doc-11.php

22download_doc-11.php - L293 • Acceptance • Where do...

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Unformatted text preview: L293 (2/25/2009) • Acceptance • Where do today’s concepts fit in? o (1) Agreement (2) consideration (3) genuine assent (4) competent parties (5) legal (6) in writing if required • The Agreement o Two sub-elements to every Agreement: (1) Offer (2) Acceptance • Acceptance o A manifestation of assent to the terms of the offer in the manner invited by the offer. o Need: Intent to enter the contract Acceptance on correct terms Communication to original offeree • Intent: Specht v. Netscape Communications Corp. o Issue: Under what circumstances does the act of downloading create a contract? o Be sure to distinguish click-wrap and browse-wrap! • Correct Terms: Mirror Image Rule o Acceptance must be the mirror image of the offer in all material aspects. o If acceptance varies from offer in any important way (major terms, conditions, or...
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This note was uploaded on 04/18/2011 for the course BUS 293 taught by Professor Brown during the Winter '09 term at Indiana.

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22download_doc-11.php - L293 • Acceptance • Where do...

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