Acceptance

Question 1

What are the elements of acceptance?

Answer 1

1) Express commitment
2) Unconditional
3) On the terms offered

Question 2

Priscilla offers the Proud Cafe for sale. “Polly is ready to proceed with the transaction” is this acceptance?

Answer 2

No, there are no terms so the third element of acceptance is not present

Question 3

The town of Surry offered to sell Jeff raisins at 1$ per box. Jeff replied I will accept your offer to sell raisins at $1 per pound. Is this acceptance?

Answer 3

No

Question 4

1. Explain and apply the rules for accepting standard form contracts
2. Argue for or against a policy related to arbitration clauses

Answer 4

These skills will be tested on the final.

Question 5

Jeremy recently downloaded John’s app, J Sports, in order to buy the GolfNow app. To purchase, he had to click “I accept” regarding terms and conditions.

Answer 5

Yes.

Question 6

Broweserwrap

Answer 6

Like click wrap but you don’t have to click “I agree”

The website provides notice of the terms and conditions.

Question 7

Clickwrap

Answer 7

Before the transaction
The user must click on the box saying “I agree.”

Question 8

Shrink wrap

Answer 8

1) Store-bought software
2) reference to license agreements on the outside of the software packaging

Question 9

General considerations for these transactions

Answer 9

Pros: Efficiency, Focus on core issues, Uniformity

Cons: Lacking true mutual assent, repeat players can exploit, and encourage monopolistic behavior.

Question 10

When does clickwrap merit acceptance?

Answer 10

1) When the offer is not conspicuous
2) When there is no ambiguity to the terms and conditions location.

Question 11

What is the socially situated person?

Answer 11

Examples: A person using the app, a steel mill worker

Question 12

Dye v. Tamko (11 cir; 2018) Rule

Answer 12

Consumers who purchase and retain a product are bound in accordance with the acceptance terms so long as the terms are clear and conspicuous.