Flashcards in IS3350 CHAPTER 11 Deck (42)
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 ___?
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 ___?
A type of computing where both applications and infrastructure capabilities can be provided to end users through the Internet is called ___?
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 ___?
Contractual performance where a party to a contract satisfies all of his or her promises is called ___?
A money award that compensates the non-breaching party for foreseeable damages that arise from circumstances outside of the contract is called ___?
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 ___?
A legally binding agreement that is enforceable in court is called ___?
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
A legal term that refers to the ability of a party to enter into a contract is called ___?
A non-breaching party's obligation not to aggravate the harm caused by a breach is called ___?
DUTY TO MITIGATE
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)
Contractual performance where a party to a contract doesn't perform his or her contractual promises is called ___?
A contractual grant of money damages that the parties determined prior to entering into a contract is called ___?
A common law rule that states that an acceptance is valid as soon as an offeree places it in the mail is called ___?
A common law rule that states that an offer and acceptance must contain identical terms is called ___?
MIRROR IMAGE RULE
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 ___?
An invitation made by an offeror to an offeree to enter into a contract is called ___?
A person who receives an offer is called ___?
A person who makes an offer is called an ___?
Legal relief that a court grants to an injured party is called ___?
A refusal to perform a contract duty is called ___?
A software licensing agreement where the complete terms of the agreement are in a box containing the physical-media software is called ___?
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)
A legal term that refers to situations where a court orders a party to complete their contractual duties is called ___?
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
.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 ___?
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
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.