Chloe buys a product from good times, inc., that includes a shrink-wrap agreement. after using the product, she decides it is defective and sues good times. if the court determines that chloe learned of the shrink-wrap terms after the contract was finalized, it may conclude that the terms were proposals for additional terms, which then:
a. automatically became part of the contract.
b. automatically made the contract void.
c. were not a part of the contract unless chloe expressly agreed to them.
d. were not a part of the contract because good times had not expressly agreed to them.

Question

24-08-2018
Business

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Chloe buys a product from good times, inc., that includes a shrink-wrap agreement. after using the product, she decides it is defective and sues good times. if the court determines that chloe learned of the shrink-wrap terms after the contract was finalized, it may conclude that the terms were proposals for additional terms, which then:
a. automatically became part of the contract.
b. automatically made the contract void.
c. were not a part of the contract unless chloe expressly agreed to them.
d. were not a part of the contract because good times had not expressly agreed to them.

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andriansp andriansp · Answer 1 · 2018-09-04T04:18:03+02:00

I believe the answer is: c. were not a part of the contract unless Chloe expressly agreed to them.

Additional terms cannot be considered as a part of the main contract. For an additional term become legally binding, there are several criterias that shall be met:

(a) the signers expressly conveys acceptance to the terms of the offer;

(b) the material would not be altered

(c) There is no notification of objection to them is given after the notice is received.