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Submitted By andrealpeterson
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Chapter 11 1. I believe Zook is thinking that in order for the sales contract to be valid, there has to be both an offer and acceptance. At the time of the initial offer, there was no official acceptance. Once Radar Appliances did accept, the offer was no longer there, as Zook withdrew before there was an acceptance. And under common law contract principles, an offer may be revoked at any time before acceptance. Zook also never technically said that they would allow the offer to stand for more than a week, so I don’t believe it was a valid sales contract. 2. If I have read the book correctly, technically you do not have to read the agreement or even click a box that says “I agree” to be in an enforceable contract, as long as it was laid out clearly to you what was going on. She could have, and should have, read the agreement as it was stated clearly in a hypertext link, but she chose not to. The site said specifically that by entering your email and clicking “subscribe” that you agreed to the terms, and she did just that. So yes, I believe she is in an enforceable contract with E-Commerce Weekly. 3. I believe Roger’s is at fault unfortunately and is not in favor of the court. The vice president who signed and verified that he had read and agreed to the warranty coverage should have been more observing and seen the bold text stating the warranty was on the back of the page, which then he would have known was missing. Hyundai did their part and met their side of the responsibilities and established an agreement.

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