Worksheet 12.3: Uniform Electronic Transactions Act and International Treaties

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7. If the UETA is enacted without modifications by a state, state law will govern. a. True b. False

a. True

9. The E-SIGN Act governs if modifications made to the UETA by the enacting state are inconsistent with the E-SIGN Act. a. True b. False

a. True

13. Which of the following treaties is NOT relevant to e-contracts? a. The Hague Convention on the Choice of Court Agreements b. The United Nations Convention on the Use of Electronic Communications in International Contracts c. The International Convention on Trademark Disputes

c. The International Convention on Trademark Disputes

The primary purpose of the Uniform Electronic Transaction Act (UETA) is to remove ___(1)___ to e-commerce by giving the same legal ___(2)___ to ___(3)___ records and signatures as is given to ___(4)___ documents and signatures.

(1) barriers (2) effect (3) electronic (4) paper

If the UETA is enacted with modifications, state law governs if: - The state's procedures or requirements are ___(1)___ with the E-SIGN Act. - The state does not give priority to one type of ___(2)___. - The state law was enacted after the E-SIGN Act and refers to it.

(1) consistent (2) technology

11. If the parties have agreed to a security procedure and one party does not detect an error because he or she did not follow the procedure, the conforming party can legally avoid the effect of the change or error. a. True b. False

a. True

12. Once an electronic record leaves the control of the sender or comes under the control of the recipient, it has been sent. a. True b. False

a. True

2. A record is information that is inscribed on a tangible medium or stored in an electronic retrievable form. a. True b. False

a. True

3. The UETA covers only electronic records and signatures relating to transactions. a. True b. False

a. True

4. If a person gives out a business card with an e-mail address on it, it is reasonable to conclude that the person has consented to transact business electronically. a. True b. False

a. True

5. To what type of transaction does the UETA NOT apply? a. Transactions that have been negotiated for a contract via e-mail. b. The electronic records and signatures relating to a transaction. c. Transactions that the parties have not previously agreed to conduct by electronic means.

c. Transactions that the parties have not previously agreed to conduct by electronic means.

10. A person enters her or his name at the bottom of an e-mail purchase order so that name would qualify: a. as an invalid signature. b. as nothing. c. as a valid signature.

c. as a valid signature.

6. The UETA is NOT ______ by the E-SIGN Act if a state has enacted the UETA without modification.

preempted


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