MT311-02_Unit 6_Case Analysis_Marjorie Bowden

MT311-02_Unit 6_Case Analysis_Marjorie Bowden - read the...

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Shrink-Wrap Agreement Page 1 of 3 DeFontes vs. Dell: Shrink-Wrap agreement Marjorie Bowden MT311-02
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Shrink-Wrap Agreement Page 2 of 3 A shrink-wrap agreement is defined as an agreement whose terms are expressed in a document located inside a box in which goods (usually software) are packaged. This is also known as a shrink-wrap license, and the term shrink-wrap refers to the plastic covering of a package. Courts have enforced the terms of shrink-wrap agreements just as they would the terms of other contracts. The buyer has the right and responsibility to read the terms of a shrink-wrap agreement upon receipt of the item, and make the decision to agree with them or they can return the unused item. However, if the buyer chooses to use the product after having the opportunity to
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Unformatted text preview: read the terms the courts could consider this acceptance of the terms of a shrink-wrap agreement. In the case of DeFontes vs. Dell Computer Corp, I feel the courts would grant the request of Dell, and force Mrs. DeFontes to submit the dispute to arbitration. Mrs. DeFontes had the product in her possession long enough to have read the terms and make the decision to accept them or return the product. She failed to return the product, and therefore I feel that she accepted the terms of the shrink-wrap agreement. Shrink-Wrap Agreement Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part I. Mason, OH: Cengage Learning....
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This document was uploaded on 05/30/2011.

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MT311-02_Unit 6_Case Analysis_Marjorie Bowden - read the...

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