(Solution Download) 1 Did the Hyatts accept the list of contract terms

1. Did the Hyatts accept the list of contract terms included in the computer box? Why or why not? What is the name used for this type of e-contract?
2. Suppose that the Hyatts experienced trouble with the computer?s components after they had used the computer for two months. What factors will a court consider in deciding whether to enforce the forum-selection clause? Would a court be likely to enforce the clause in this contract? Why or why not?
3. Are the Hyatts bound by the contract terms specified on CyberTool?s ?Terms of Service? page, which they did not read? Which of the required elements for contract formation might the Hyatts claim were lacking? How might a court rule on this issue?

Ted and Betty Hyatt live in California, a state that has extensive statutory protection for consumers. The Hyatts decided to buy a computer so that they could use e-mail to stay in touch with their grandchildren, who live in another state. Over the phone, they ordered a computer from CompuEdge, Inc. When the box arrived, it was sealed with a brightly colored sticker warning that the terms enclosed within the box would govern the sale unless the customer returned the computer within thirty days. Among those terms was a clause that required any disputes to be resolved in Tennessee state courts. The Hyatts then signed up for Internet service through CyberTool, an Internet service provider. They downloaded CyberTool?s software and clicked on the ?quick install? button that allowed them to bypass CyberTool?s ?Terms of Service? page. It was possible to read this page by scrolling to the next screen, but the Hyatts did not realize this.


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