Candie, CARDWARE’s model, advertised a one-of-a-kind black and white llama sweat

Question

Candie, CARDWARE’s model, advertised a one-of-a-kind black and white llama sweater that had an iPod slot on the inside left panel. The ad was placed online and read as follows:

FOR SALE:

One-of-a-kind black and white llama sweater as modeled by Candie Cardware. Worn only once in Barcelona’s Fashionista Extravaganza Fashion Show.

Includes iPod. $450. Free shipping. Contact me if interested at CCmodeling.com.

For some reason, the word “slot” that was to follow the word iPod and was cut off of the ad. Delilah saw the ad and thought, “Wow what a bargain! A one-of-a-kind Candie Cardware sweater and an iPod for $450 is something that cannot be beat.” Delilah immediately emailed her reply to Candie as follows: “What a great buy! I’ll take it. Please make sure the iPod is securely wrapped. Let’s meet so I can give you the amount of purchase in cash.” [Signed Delilah] Candie replied to Delilah, “I’m sorry there is no iPod with the sweater. It was supposed to be iPod slot.” [Signed Candie]

Research whether or not there was a contract and

Discuss the UETA provisions concerning the meaning and records of signatures.

Discuss whether the above facts place the issue within the jurisdiction of the UETA.

Explanation / Answer

There was no contract as the seller and buyer were yet to agree on the terms of the contract. There was an offer and an acceptance but there was no exchange of money taking place till the time the flaw in the offer was identified, hence no consideration.

UETA provisions give legal recognition to the digital records and signatures. A contract made through electronic means is as valid and authorised as a contract made through conventional means. An electronic signature and an electronic record satisfies the legal requirement of such record and signature.An information provided,sent and delivered to a recepient is an electronic record that satisfies legal requirement of such records in writing.An electronic record or signature is attributable to the person who created it, just like a document prepared and signed by him / her. A security procedure means a verifying procedure to check the authenticity of that electronic record and ensure that no changes have taken place. A person may avoid the transaction caused by an inadvertent error by not taking advantage of it and complies with instructions to revert the benefits received through transactions if any.

The transaction would have come under jurisdiction of UETA, had the exchange of money for goods taken place. In that case, the party affected by the deal ( buyer) would have given room to the seller to correct the mistake made in the advertisement and void the contract if she did not find the deal appealing.

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