Chapter 12

The parties must ... on the terms of the contract and manifest to each other their ... ... to the same bargain.

A promise or commitment to do or refrain from doing some specified action in the future.

The offerer's act of revoking, or withdrawing, an offer is known as ...

This is created when an offeror promises to hold an offer open for a specified period of time in return for a payment (consideration) given by the offeree.

A rejection of the original offer and the simultaneous making of a new offer.

At common law, this requires the offeree's acceptance to match the offeror's offer exactly.

A voluntary act by the offeree that shows assent (agreement) to the terms of an offer.

If the authorized mode of communication is the mail, then an acceptance becomes valid when it is dispatched (placed in control of the U.S. Postal Service)-not when it is received by the offeror.

Contracts formed online that must meet the same basic requirements as paper contracts.

Indicates the forum, or location (such as a court of jurisdiction), in which contract disputes will be resolved.

Courts have concluded that the act of clicking on a box labeled "I accept/agree" can indicate acceptance of an online offer.

With this, the terms are expressed inside the box in which the goods are packaged.

These can appear in a transaction conducted over the internet. These do not require the buyerser to assent to the terms before, say, downloading or using certain software.

A seller and a buyer who frequently do business with each other agree in advance on the terms and conditions that will apply to all transactions subsequently conducted electronically. The partnering agreement can also establish special access and identification codes to be used by the parties when transacting business electronically.

Defined as "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record". Thus, these may include encrypted digital signatures, names (intended as signatures) at the ends of e-mail messages, and "clicks" on a Web page if the clicks include some means of identification.

Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable (visual) form.