Author Question: Which of the following can determine the scope of authority given to an agent: a. statements of the ... (Read 46 times)

penza · **on:** Jun 24, 2018

Which of the following can determine the scope of authority given to an agent:
a. statements of the agent
b. the principal's personal relationship with a third party c. statements of the principal
d. all of the other specific choices are correct
e. none of the other specific choices are correct

Question 2

Shrink-Wrap Agreements. 1-A Equipment Co signed a sales order to lease Accware 10 User NT software, which is made and marketed by ICode, Inc Just above the signature line, the order stated: Thank you for your order. No returns or refunds will be issued for software license and/or services. All sales are final. Please read the End User License and Service Agreement. The software was delivered in a sealed envelope inside a box. On the outside of the envelope, an End User Agreement provided in part, BY OPENING THIS PACKAGING, CLICKING YOUR ACCEPTANCE OF THE AGREEMENT DURING DOWNLOAD OR INSTALLATION OF THIS PRODUCT, OR BY USING ANY PART OF THIS PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE AGREEMENT. . . . This agreement will be governed by the laws in force in the Commonwealth of Virginia . . . and exclusive venue for any litigation shall be in Virginia. Later, dissatisfied with the software, 1-A filed a suit in a Massachusetts state court against ICode, alleging breach of contract and misrepresentation. ICode asked the court to dismiss the case on the basis of the End User Agreement. Is the agreement enforceable? Should the court dismiss the suit? Why or why not?

Pariscourtney · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

c

Answer to Question 2

Shrink-wrap agreements
The court ordered a judgment for ICode, dismissing the suit. The court noted that forum selection clauses are valid and enforceable, except when it is shown that enforcement would be unreasonable. The court then found, as a matter of law, that the software packaging constituted a valid and enforceable agreement between the parties. The court cited similar cases involving software license agreements in other jurisdictions, in which the courts held that shrinkwrap licenses accompanying off-the-shelf computer software are enforceable unless their terms are objectionable under general contract law. In such pay-now-terms-later transactions, practical considerations support allowing vendors to enclose the full legal terms with their products. Thus, concluded the court, the forum selection clause was properly within the agreement of the parties.