PLST 226 Quiz 1 Introduction to Contract Law

PLST 226 Quiz 1 Introduction to Contract Law

1. Most courts refuse to enforce clickwrap agreements against consumers because their terms are nonnegotiable.
2. Once both parties to a written contract have signed it, it becomes a contract implied in fact.
3. Once both parties to a written contract have signed it, it becomes a contract implied in fact.
4. When a losing party challenges a decision at the trial level, they can appeal to the U.S. Supreme Court.
5. Which type of transaction is governed by the Uniform Electronic Transactions Act?
6. The Restatements have never received formal judicial recognition and do not carry the weight of case law or statutes.
7. State consumer protection laws are designed to protect merchants from unscrupulous consumers.
8. The more conspicuous language is in an online contract, the more likely it will be enforced.
9. The more conspicuous language is in an online contract, the more likely it will be enforced.
10. The Statute of Frauds applies to all contracts.
11. In contract law, executed has two meanings: “signed” and “fully performed.”
12. The enforceability of a browsewrap agreement depends on the conspicuousness of its terms.
13. A very small number of consumer transactions involve contracts.
14. Dicta is the part of a court opinion that is not used as the basis for the court’s result.
15. Which type of contract is accepted when a user opens a box containing software and keeps the contents?
16. In ________ , pressure and duration of signing are used to authenticate a user’s identity.
17. An online purchase of software is a sale of goods governed by the U.C.C.
18. The Restatements are an attempt to incorporate the principles coming from ________ into one place.
19. Under the common law, a contract under seal had to be ________ .
20. In a bilateral contract, a promise is exchanged for ________ .
21. All but two states have adopted the UCITA.
22. The statement, “If you get straight As, I will buy you a horse” creates a bilateral contract.
23. Clicking “I accept” on a Web site is less binding than signing a paper contract.
24. When you purchase a song from an online music store, you are buying ________ .
25. The analysis of enforceability of a forum selection clause in an electronic contract is ________ .