Read case problem 12-7. (12 represents the chapter number and 7

Read case problem 12-7. (12 represents the chapter number and 7 represents the problem number)

You will also need to read the case which can be located via Lexis in the online library.

    • In your initial post of no less than 250 words answer the questions, explaining your answer. For your second post, assuming the exculpatory clause is valid, would your answer be different and why.
    • Your second post should be no less than 150 words. Be sure that you use the law you learned from the chapter and case to explain your answers. Please don’t use personal opinions or conjecture.

12-7. Online Acceptances. Heather Reasonover opted to try Internet service from Clearwire Corp. Clearwire sent her a confirmation e-mail that included a link to its Web site. Clearwire also sent her a modem. In the enclosed written materials, at the bottom of a page, in small type was the Web site URL. When Reasonover plugged in the modem, an “I accept terms” box appeared. Without clicking on the box, Reasonover quit the page. A clause in Clearwire’s “Terms of Service,” accessible only through its Web site, required its subscribers to submit any dispute to arbitration.

 

Is Reasonover bound to this clause?

 

Why or why not?

 

[Kwan v. Clearwire Corp., 2012 WL 32380 (W.D.Wash. 2012)]

 

The book is  Business Law: Text and Cases, 13e, Clarkson | Miller | CrossCengage Publishing







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