Contractual Assent

Question 1

“will theory”; “meeting of the minds”

Answer 1

Subjective Test of Assent (econ consequences

Question 2

what is communicated by reasonable person through actions/words(facts)

Answer 2

Objective Test of Assent

Question 3

Subjective=

Answer 3

Persuasive only

Question 4

negotiator,judge, mediator

Answer 4

Arbitrator

Question 5

responsibility to understand contract upon signing

Answer 5

Duty to Read

Question 6

Significance of World Trade Center case

Answer 6

subjective evidence is useful when objective evidence is unclear( informative)

Question 7

a dispute resolution process where disputing parties choose a mediator to decide dispute-cheaper than trial

Answer 7

Arbitration

Question 8

place to settle dispute decided in case of dispute;binding

Answer 8

Forum-Selection Clause

Question 9

terms of a product within the packaging

Answer 9

Shrink wrap terms

Question 10

acceptance not valid until buyer goes home and reads the terms

Answer 10

Cash- now, terms later, or ROLLING TERMS

Question 11

terms that appear on the outside of the packaging of a product

Answer 11

Box top terms

Question 12

website make link to term available on webpage; does not require direct assent

Answer 12

Browserwrap Terms

Question 13

terms agreed to when purchasing online

Answer 13

Click wrap terms

Question 14

by signing into account assenting to terms or forcing you to scroll through terms & click “i agree” before cont.

Answer 14

Sign in/ Scroll wrap terms

Question 15

Significance of Nguyen v Barnes and Noble Inc

Answer 15

hyperlink to terms have to be reasonably accessible/ noticable; T&C have to stand out