Professional Documents
Culture Documents
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT IN TRADITIONAL
AND E-CONTRACTS
CHAPTER 9
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
LEARNING OBJECTIVES
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
LEARNING OBJECTIVES (CONT’D)
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
INTRODUCTION
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
• Agreement
• Agreement means that the parties must
agree on the terms of the contract.
• Ordinarily, agreement is evidenced by two
events: an offer and an acceptance.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
• Acceptance
• An acceptance is a voluntary act by the
offeree that shows assent, or agreement,
to the terms of an offer.
• Acceptance can be made only by the
offeree or the offeree’s agent.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
• Online Offers
• Sellers doing business via the Internet can
protect themselves against contract
disputes and legal liability by creating
offers that clearly spell out the terms that
will govern their transactions if the offers
are accepted.
• All important terms should be easy to view.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
• Online Acceptances
• Click-on agreement is created when a buyer
completes a transaction on a computer. She then
indicates her assent to be bound by the terms of
an offer by clicking on a box that says, for
example, “I agree.”
• The terms of the agreement may appear on the Web site through which
the buyer is obtaining goods or services, or they may appear on a
computer screen when software is downloaded.
• Enforceability—Courts enforce click-on agreements, holding that by
clicking on “I agree,” the offeree has accepted by conduct.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
• E-Signatures
• An e-signature is “an electronic sound, symbol, or
process associated with a record and executed
by a person with the intent to sign the record.”
• With the Electronic Signatures in Global and
National Commerce Act (E-SIGN Act) of 2000 , no
contract, record, or signature may be “denied
legal effect” solely because it is in an electronic
form.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
AGREEMENT AND E-CONTRACTS
• Partnering Agreements
• Seller and buyer agree in advance on the terms
and conditions that will apply to all subsequent
transactions.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
THE UNIFORM ELECTRONIC
TRANSACTIONS ACT
• UETA was adopted by most states to create
rules to support enforcement of e-contracts.
• The Scope and Applicability of the
UETA
• Contracts entered into online, as well as
other documents, are presumed to be
valid.
• Does not apply to certain transactions
governed by the UCC or to wills or
testamentary trusts.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
THE UNIFORM ELECTRONIC
TRANSACTIONS ACT
• The Federal E-SIGN Act and the UETA
• Although most states have laws governing
e-signatures, these laws are not uniform.
• The UETA provides for the validity of e-
signatures and may ultimately create
more uniformity among the states in this
respect.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
THE UNIFORM ELECTRONIC
TRANSACTIONS ACT
• Highlights of the UETA
• Attribution
• Authorized signatures
• The effect of errors
• Timing
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
EXHIBIT 9.1
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.