Top Law Schools

Step-Saver considered the buyer as the offeror and applied 2-207 to deal with the shrinkwrap terms? Under 2-207 the merchant-offeree accepted the buyer-offeror's offer by sending the goods, and therefore the additional terms in the box were treated as proposals?

ProCD was similar but the judge considered the seller as the offeror because there was only 1 document? Because it was one document the judge applied 2-204 to form the contract which made the merchant to offeror. Therefore the buyer-offeree accepted the offer upon keeping the goods and the terms within the packaging became binding?

Is this correct? You may substitute Klocek for Step-Saver.

Correct for both Step-Saver and ProCD (unsure about the 2-204 thing though).

ProCD is essentially a pro-business policy decision--it's designed to enable businesses to bind consumers to shrinkwrap contracts even though it doesn't fit at all with our intuitive notions of offer/acceptance theory.

i'm assumign this is for contracts... procd is also a huge case in internet law, for the various concepts surrounding private regulation of web conduct via contract.

c3pO4 wrote:i'm assumign this is for contracts... procd is also a huge case in internet law, for the various concepts surrounding private regulation of web conduct via contract.

Yes, contracts.

Thank you zomginternets!

zomginternets wrote: ProCD is essentially a pro-business policy decision--it's designed to enable businesses to bind consumers to shrinkwrap contracts even though it doesn't fit at all with our intuitive notions of offer/acceptance theory.

This is how I understand it as well. OP, in contrast to your understanding that there was some mechanical event that turned the seller into the offeror, it really comes down to a policy decision based on the judge (and, by endowing one party with special offeror powers, essentially giving them the upper hand).

That said, even with only two weeks to go, I find 2-207 to be a nightmare to understand.

tag

ProCD is so stupid...you can't return opened software.