Business Law

Business

Quiz 12 :

Agreement

Quiz 12 :

Agreement

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Each time employees at BizCorp enter their work computers, the following alert appears: "You are attempting to access the BizCorp network. By logging in, you agree to BizCorp's Computer Usage Policy and certify that your use of this computer is strictly for business purposes. Any activities conducted on this system may be monitored for any reason at the discretion of BizCorp." Once an employee has logged in, have the parties formed a valid contract? Discuss.
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There are sets of rules, which the BC Corp follows to make sure that its employees are using the office computers for business purpose. As soon as the employees login the computer network, terms and conditions blog hit the page, and employees are asked to agree with BC Corp's computer usage policy. This policy states that employees accepting the terms and conditions certify that use of the computer is only for business purpose and company can monitor the usage for any reason.
Valid contract: in general, it is a written agreement between the parties involved. The contract is valid, only if all the elements of the contract are reasonable, and the parties agree to bind with the written terms and conditions. In order to form a valid contract the elements to be inculcated in the contract are as follows:
• Offer and acceptance of the contract should take place among the parties.
• The parties should intent to create a legal relationship in order make the contract valid in terms of law.
• Lawful consideration should be accepted by all the parties to recompense.
• All the parties should be capable of agreeing to accept the terms and conditions of the contract.
In organizations, once the employee has logged in the computer, he or she has accepted the terms and conditions of the organization, and is legally bound. Here, the statement "you are attempting to access BC Corp network" states the terms and conditions of the company. So, accepting it by clicking the option is a contract between the company and an employee. So, breach of contract at any point of time by the employee may force the organization to take strict action, as the employee is liable.

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If you click an "I agree" box, odds are that its terms are binding on you, even if the box contains dozens or even hundreds of lines of dense text. Is this fair? Should the law change to limit the enforceability of clickwraps?
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If I click on 'I agree' box, odds are that its term are binding on me, even if the box contains dozens or even hundreds of lines of dense text. This is known as clickwrap agreement. Clickwraps often includes arbitration clauses. They every now and then limit the liability of the seller so that in case anything goes wrong they can handle the situation in their favor. Many courts have reviewed these issues and have ruled that clickwrap agreements are binding in nature, even when they are against consumers. The courts have declared that sellers are obliged to sell a product on any terms they like to offer..
However, such contracts are refused by some courts stating that the buyer never understood or agreed to clickwrap agreements, therefore, are against the consumer. I agree with such courts as there is no meeting of minds between the parties. These agreements are so huge that no one even bothers to read the terms of such contracts. There is no contract if there is no meeting of minds between the parties. The law should be changed to limit the enforceability of clickwraps.

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The town of Sanford, Maine, decided to auction off a lot it owned. The town advertised that it would accept bids through the mail, up to a specified date. Arthur and Arline Chevalier mailed in a bid that turned out to be the highest. When the town refused to sell them the lot, they sued. Result?
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Decision of the case issue is explained below:
The case depends on the auction whether it was with or without a reserve. As per the case, there is no contract and no sale, because the advertisement was silent about the subject matter. So, the auction is reserve. This implies that all the bids are just an offer even after considering the highest bid.
The auctioneer (the town) in this case, has right to reject all of the offers and C has no right to the entire lot. Therefore, it is obvious that the case is related to the concept offer.
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The Tufte family leased a 260-acre farm from the Travelers Insurance Co. Toward the end of the lease, Travelers mailed the Tuftes an option to renew the lease. The option arrived at the Tuftes' house on March 30, and gave them until April 14 to accept. On April 13, the Tuftes signed and mailed their acceptance, which Travelers received on April 19. Travelers claimed there was no lease and attempted to evict the Tuftes from the farm. May they stay?
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Consolidated Edison Co. of New York (Con Ed) sought bids from General Electric Co. (GE) and others to supply it with two huge transformers. Con Ed required that the bids be held open for 90 days. GE submitted a written bid and included a clause holding the bid open for 90 days. During that period, Con Ed accepted GE's bid, but GE refused to honor it. Is there a contract?
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Arturo hires Kate to work in his new sporting goods store. "Look," he explains, "I can only pay you $9.00 an hour. But if business is good a year from now, and you're still here, I'm sure I can pay you a healthy bonus." Four months later, Arturo terminates Kate. She sues. (a) Kate will win her job back, plus the year's pay and the bonus. (b) Kate will win the year's pay and the bonus. (c) Kate will win only the bonus. (d) Kate will win only her job back. (e) Kate will win nothing.
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Case law tells us that a course syllabus is not a binding contract-but how about your school's honor code? Under what conditions could an honor code be a contract?
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Niels owned three adjoining parcels of land in Arizona. Hannah wanted to buy one. Over dinner, the two sketched and signed this agreement: "Binding Contract: Niels agrees to sell one of his three Arizona lots to Hannah. Within 14 days, the parties will meet on the land, decide which lot Hannah is buying, and settle on a price. If they cannot agree on a price, they will decide a fair method of doing so. Both parties agree to be bound by this contract." Later, Niels refused to sell any land, and Hannah sued. What will happen?
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When a Tom Cat Bakery delivery van struck Elizabeth Nadel, she suffered significant injuries, Nadel filed suit. Before the trial, Tom Cat's attorney offered a $100,000 settlement, which Nadel refused. While the jury was deliberating, the bakery's lawyer again offered Nadel the $100,000 settlement. She decided to think about it during lunch. Later that day, the jury sent a note to the judge. The bakery owner told her lawyer that if the note indicated the jury had reached a verdict, he should revoke the settlement offer. Back in the courtroom, the bakery's lawyer said, "If the note is a verdict, my client wants to take the verdict." Nadel's lawyer then said, "My client will take the settlement." The trial court judge allowed the forewoman to read the verdict, which awarded Nadel-nothing. Did Nadel's lawyer accept the settlement offer in time?
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Rebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer, though I will also need $3,000 in relocation money. See you June 1. Can't wait!" On June 1, Spike arrives, to find that his position is filled by Gus. He sues Rebecca. (a) Spike wins $55,000. (b) Spike wins $58,000. (c) Spike wins $3,000. (d) Spike wins restitution. (e) Spike wins nothing.
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Courts stick to objective (reasonable person) standards when evaluating offers and acceptances. Juries are not asked to "get inside someone's head," they are instructed to determine what a reasonable person would think of offerors' and offereees' statements. Is this practice reasonable? Would it be better if the law directly considered whether people wanted to make contracts?
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Which of the following amounts to an offer? (a) Ed says to Carmen, "I offer to sell you my pen for $1." (b) Ed says to Carmen, "I'll sell you my pen for $1." (c) Ed writes, "I'll sell you my pen for $1," and gives the note to Carmen. (d) All of the above. (e) A and C only.
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Frank, an accountant, says to Missy, "I'll sell you my laptop for $100." Missy asks, "Will you give me until tomorrow to make up my mind?" "Sure," Frank replies. Which of the following is true? (a) Frank cannot revoke his offer, no matter what. (b) Frank cannot revoke his offer, but only if Missy pays him to keep the offer open until tomorrow. (c) Frank can revoke his offer no matter what, because he is not a merchant. (d) Frank can revoke his offer no matter what, because he did not promise Missy anything in writing.
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The day after Thanksgiving, known as Black Friday, is the biggest shopping day of the year. One major retailer advertised a "Black Friday only" laptop for $150. On Thanksgiving night, hundreds of people waited for the store to open to take advantage of the laptop deal-only to learn that the store only had two units for sale at the discounted price. Did the retailer breach its contract with the hundreds of consumers who sought the deal? What obligation, if any, does the retailer have to its consumers?
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Someone offers to sell you a concert ticket for $50, and you reply, "I'll give you $40." The seller refuses to sell at the lower price, and you say, "OK, OK, I'll pay you $50." Clearly, no contract has been formed because you made a counteroffer. If the seller has changed her mind and no longer wants to sell for $50, she doesn't have to. But is this fair? If it is all part of the same conversation, should you be able to accept the $50 offer and get the ticket?
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Manny offers to sell Gina his TV for $100 on January 1. On January 2, Gina writes out a letter of acceptance. On January 3, Gina drops the letter in a mailbox. On January 4, a postal worker gets the letter out of the mailbox and takes it to the post office. On January 5, the letter arrives inManny's mailbox. When (if ever) was a contract formed? (a) January 2 (b) January 3 (c) January 4 (d) January 5 (e) None of the above-a contract has not been formed.
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