Bus Law8 - Anton Klochkov Chapter 8 Reviewing: 1. Yes, the...

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Chapter 8 Reviewing: 1. Yes, the Hyatts accepted the contract terms included in the computer box. Such contract is called “The shrink-wrap agreement.” The party who opens the box is told that he or she agrees to the terms by opening the package. Also, the Hyatts` contract contained the forum-selection clause which assigned the court that will decide any disputes arising under the contract. 2. The Hyatts and the CyberTool company formed a click-on agreement. It is an agreement that arises when a buyer, engaging in transactions on a computer, indicates assent to be bound by the terms of an offer by clicking on a button that says, for example, “I agree.” By clicking on the button “Quick install,” the Hyatts automatically agreed with the terms and conditions of the contract. 3. Most probably, the court will not meet the Hyatts` petition due to the fact that in their contract it was said that the terms enclosed within the box would govern the sale unless the customer returned the computer within thirty days. 4. It was possible to read the terms page by scrolling to the next screen, but the Hyatts did not realize this. However, the contract was lacking an e-seal. The Hyatts did not put their name anywhere. Furthermore, they did not press the button that they accept the terms and conditions of CyberTool. However, in my opinion, the Virginia state court will not fully meet the Hyatts` petition due to the fact that they downloaded the program and they should be responsible for this. It was also possible that the program was illegal because of the lack of the e-seal. However, it is possible that the court will partly meet the Hyatts` petition. Issue Spotters:
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This note was uploaded on 11/13/2011 for the course BUS 201, 222, taught by Professor Green during the Spring '11 term at University Of Southern Mississippi .

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Bus Law8 - Anton Klochkov Chapter 8 Reviewing: 1. Yes, the...

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