ch18

West's Business Law with Online Research Guide, 9th Edition

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E-CONTRACT ESSENTIALS Any offer to form a contract electronically should include: (1) a clear statement of the offeree’s remedies (and limits thereon), (2) the applicable statute of limitations , (3) a description of what action on the part of the offeree will constitute acceptance , (4) a provision specifying acceptable forms of payment , including applicable taxes and shipping costs, (5) the offeror’s return and refund policy (if applicable), (6) any disclaimers of liability the offeror wants included in the contract, and (7) a statement about the offeror’s handling of information provided by the offeree, or gathered by the offeror, before and after acceptance. Pre-Dispute Planning: The offeror may also want to include provisions dealing with governing law , choice of forum , and alternative dispute resolution . Ch. 18: E-Contracts - No. 1 West’s Business Law (9th ed.)
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SHRINK-WRAP AGREEMENTS Shrink-Wrap Agreement: An agreement whose terms are expressed inside the box containing the goods, such that a buyer cannot make herself fully aware of the terms of her purchase until after she has purchased/leased the goods and opened the box. Typically, shrink-wrap agreements indicate that the buyer/lessee/licensee must return the goods if she does not consent to be bound by the terms contained inside the box. Courts are generally receptive to shrink-wrap agreements (1) as long as the seller/lessor/licensor gives the buyer/lessee/licensee adequate time to review the terms, inspect the goods, and decide whether to keep the goods and be bound, and (2) particularly where the exterior of the box or some other information provided to the buyer/lessor/ licensee before she takes delivery clearly indicates that the purchase/lease/license is subject to additional terms contained in the box or to be delivered with the goods. Ch. 18: E-Contracts - No. 2 West’s Business Law (9th ed.)
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ONLINE ACCEPTANCES Click-On Agreement: An agreement that arises when a buyer/lessee/licensee completing a transaction online indicates her assent to be bound by the terms of an offer by clicking on a button or checking a box that says, e.g. , “I accept” or “I agree.” The terms of the agreement may appear on the screen or on a related Web page or site. Browse-Wrap Terms:
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ch18 - E-CONTRACT ESSENTIALS Any offer to form a contract...

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