Chapter 11 Quiz

To enter into a legally binding contract, you must be at least:

18

_____________________ refers to the purchase of application services over the Internet.

Software as a Service (SaaS)

___________________refers to situations where a court orders a party to complete their contractual duties.

Specific performance

Certain contracts that are not enforceable because of public policy reasons can include contracts that reduce commercial competition and contracts to commit a crime or other wrongdoing. (T/F)

True

The purpose of the ___________________ is to remove barriers to electronic commerce by validating electronic contracts.

Uniform Electronic Transactions Act (UETA)

In forming a contract, the parties must bargain for something of value. This is called ____________________.

consideration

Which of the following is an information security issue you should consider in a cloud computing contract? a. Which type of user creates data? b. How is data defined and used? c. What is the level of compliance with the Uniform Electronic Transactions Act? d. Both A and B

d; both A and B

Compensatory, consequential, nominal, and liquidated are all types of ___________.

damages

An oral contract is not as enforceable as a contract that is written down. (T/F)

false

Even if a person is intoxicated, as long he or she is over the age of 18 and mentally competent then the person has contractual capacity in all cases (T/F)

false

In certain circumstances, courts will enforce illegal contracts. (T/F)

false

Substantial performance means that a party performs all minor contract promises. (T/F)

false

Item, price, quantity, and when the item is available for delivery are all examples of ______________ terms.

material

Historically, a contract acceptance had to have exactly the same words and terms as the original offer. This was called _____________________.

mirror image rule

________________ means that the parties to the contract must show that they intended to enter into a specific transaction with specific terms.

mutual assent

Which of the following is a type of damage that is awarded when no financial loss is suffered as a result of the breach? a. compensatory b. consequential c. liquidated d. nominal

nominal

A(n) ___________ is an invitation to enter into a relationship or transaction of some kind.

offer

The most famous case involving ___________________ is ProCD Inc. v. Zeidenberg (1996). ProCD sold a software product that was a searchable telephone directory database. ProCD sued Zeidenberg based on the argument that Zeidenberg breached the terms of the license agreement that was included in the ProCD software box.

shrinkwrap contracts

Which of the following is not a legal remedy in contract law? a. contract authentication b. money damages c. specific performance d. contract rescission

a; contract authentication

A _____________________ does not require the user to make an affirmative action to accept the terms of the contract. Agreement is assumed when the user visits the Web page or downloads a product.

browsewrap contract