IS3350 CHAPTER 11 Flashcards Preview

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Flashcards in IS3350 CHAPTER 11 Deck (42)
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1

An agreement where the complete terms of the agreement are presented on a Web page. A user doesn't have to take any affirmative action to accept the terms of the agreement other than to use the Web page. This is called a ___?

BROWSEWRAP CONTRACT

2

An agreement where the complete terms of the agreement are presented on a computer screen, usually in the form of a pop-up window. A user must take an affirmative action to accept the terms of the agreement and this is called ___?

CLICKWRAP CONTRACT

3

A type of computing where both applications and infrastructure capabilities can be provided to end users through the Internet is called ___?

CLOUD COMPUTING

4

A money award that compensates a non-breaching party for the other party's breach. These damages place the non-breaching party in the same position they would have been in had the contract been fully performed. This is called ___?

COMPENSATORY DAMAGES

5

Contractual performance where a party to a contract satisfies all of his or her promises is called ___?

COMPLETE PERFORMANCE

6

A money award that compensates the non-breaching party for foreseeable damages that arise from circumstances outside of the contract is called ___?

CONSEQUENTIAL DAMAGES

7

The mutual exchange of value between contracting parties. This can be expressed as an exchange of money, goods, or a promise to perform a certain action and is called ___?

CONSIDERATION

8

A legally binding agreement that is enforceable in court is called ___?

CONTRACT

9

A contract where one party has very little bargaining power. This is a "take it or leave it" contract and is called ___?

CONTRACTS OF ADHESION

10

A legal term that refers to the ability of a party to enter into a contract is called ___?

CONTRACTUAL CAPACITY

11

A non-breaching party's obligation not to aggravate the harm caused by a breach is called ___?

DUTY TO MITIGATE

12

A contract between the manufacturer or distributor of a piece of software or a service and the end user is called ___?

END USER LICENSE AGREEMENT (EULA)

13

Contractual performance where a party to a contract doesn't perform his or her contractual promises is called ___?

INCOMPLETE PERFORMANCE

14

A contractual grant of money damages that the parties determined prior to entering into a contract is called ___?

LIQUIDATED DAMAGES

15

A common law rule that states that an acceptance is valid as soon as an offeree places it in the mail is called ___?

MAILBOX RULE

16

A common law rule that states that an offer and acceptance must contain identical terms is called ___?

MIRROR IMAGE RULE

17

A money award to the non-breaching party even though he or she hasn't suffered any financial loss because of a breach of contract is called ___?

NOMINAL DAMAGES

18

An invitation made by an offeror to an offeree to enter into a contract is called ___?

OFFER

19

A person who receives an offer is called ___?

OFFEREE

20

A person who makes an offer is called an ___?

OFFEROR

21

Legal relief that a court grants to an injured party is called ___?

REMEDY

22

A refusal to perform a contract duty is called ___?

REPUDIATION

23

A software licensing agreement where the complete terms of the agreement are in a box containing the physical-media software is called ___?

SHRINKWRAP CONTRACT

24

A Commerce model where a vendor hosts a Web-based application and provides that application to its customers through the Internet is called ___?

SOFTWARE AS A SERVICE (SaaS)

25

A legal term that refers to situations where a court orders a party to complete their contractual duties is called ___?

SPECIFIC PERFORMANCE

26

A common law rule that states that certain types of contracts must be in writing and signed by the contracting parties is called ___?

STATUTE OF FRAUDS

27

.Contractual performance where a party to a contract satisfies all of his or her material promises. It doesn't meet all contract terms, non-performance of some terms may result in a minor breach of contract and is called ___?

SUBSTANTIAL PERFORMANCE

28

1. Which common law rule requires an offer and acceptance to have substantially the same terms?

1. The Statute of Frauds
2. The mailbox rule
3. The mirror image rule
4. The silence rule
5. The assurance rule

The mirror image rule

29

2. What is a clickwrap contract?

An agreement where the complete terms of the agreement are presented on a computer screen, usually in the form of a pop-up window. A user must take an affirmative action to accept the terms of the agreement.

30

3. What types of damages usually aren't awarded in a contracts case?

1. Nominal damages
2. Punitive damages
3. Consequential damages
4. Compensatory damages
5. Liquidated damages

Punitive damages