Chapter 10 Essay

Submitted By Wahid-Maqsood
Words: 948
Pages: 4
Open Document
Student name:
Ihtishaam Ali
Date submitted:
3/8/15
Chapter:
10

Chapter Review Questions
Questions are at the end of each chapter under the “For Review” heading

1. intention to make offer, definiteness of terms, communication of offer
Expression of opinion, joke, statement of future intent

2.
When it is so agreed by the parties, when offeree commences performance to his determent before offer is revoked

3.
Voluntary act by offeree (words and/or conduct) shows assent timeliness communication of acceptance

4.
Click-on contracts earn for you to click on subject, shrink-wraps don't
A failure to be able to prove assent to the contact leaves in unenforceable

5.
A federal statute whose primary purpose is to remove barriers to E-commerce by making electronic signature as valid as actual
Makes E-signature valid if parties agree, provides for e-notary, security measure and protocols for determining when transmissions sent and/or received

Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading

Case Problem number/page:
10-1 page 279

Case Name—List the names of the plaintiff and defendant.
Ball vs Sullivan

Facts—Describe the relevant facts of the case in order of their importance.
Sullivan demanded $60,000 for the land
Ball accepted and agreed to pay $60,000

Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
Will this be considered a contract

Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Requirements of an offer – page 258
The party that receives the offer is known as the offeree. If the offeree accepts the offer, the two parties are considered to be in agreement.

Analysis—Describe how the law applies to the facts of the case. Give both sides.

In favor of plaintiff—
The offer was accepted and hence a contract exists

In favor of defendant—
Sullivan never replied back to confirm if he had accepted the offer

Conclusion—What legal conclusion do you draw? How does the rule of law you cited support this conclusion?
Sullivan didn’t confirm that he got the letter and Ball doesn’t have any statement from Sullivan that he will not sell the land to someone else

Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading

Case Problem number/page:
10-4

Case Name—List the names of the plaintiff and defendant.
Bequator corp vs Tracfone wireless

Facts—Describe the relevant facts of the case in order of their importance.
TracFone does not allow their cell phones to use another service
Bequator buys 18,616 of the cell phones and disables the software so they can be used for any network provider

Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
Was there a breach of contract

Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Shrink-Wrap agreements page 270
Shrink wrap contracts are license agreements or other terms and conditions of a (putatively) contractual nature which can be read and accepted by the consumer only after the consumer opens the product

Analysis—Describe how the law applies to the facts of the case. Give
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