Contractual Assent Flashcards
“will theory”; “meeting of the minds”
Subjective Test of Assent (econ consequences
what is communicated by reasonable person through actions/words(facts)
Objective Test of Assent
Subjective=
Persuasive only
negotiator,judge, mediator
Arbitrator
responsibility to understand contract upon signing
Duty to Read
Significance of World Trade Center case
subjective evidence is useful when objective evidence is unclear( informative)
a dispute resolution process where disputing parties choose a mediator to decide dispute-cheaper than trial
Arbitration
place to settle dispute decided in case of dispute;binding
Forum-Selection Clause
terms of a product within the packaging
Shrink wrap terms
acceptance not valid until buyer goes home and reads the terms
Cash- now, terms later, or ROLLING TERMS
terms that appear on the outside of the packaging of a product
Box top terms
website make link to term available on webpage; does not require direct assent
Browserwrap Terms
terms agreed to when purchasing online
Click wrap terms
by signing into account assenting to terms or forcing you to scroll through terms & click “i agree” before cont.
Sign in/ Scroll wrap terms
Significance of Nguyen v Barnes and Noble Inc
hyperlink to terms have to be reasonably accessible/ noticable; T&C have to stand out
