Question
1.Cynthia Hines purchased a vacuum cleaner from Overstock.com. When she later returned the item, Overstock charged her a $30 restocking fee pursuant to the Terms
1.Cynthia Hines purchased a vacuum cleaner from Overstock.com. When she later returned the item, Overstock charged her a $30 restocking fee pursuant to the "Terms and Conditions" policy set forth on the company's website. The purchase process did not require buyers to scroll down and specifically "agree" to its terms and conditions. Cynthia filed a class action lawsuit against Overstock for breach of contract (ie., failing to comply with the terms of the contract by withholding the restocking fee).
a.Did Overstock make a legally valid offer?
b.Did Hines validly accept the offer?
c.What was Overstock's consideration (ie., what did it agree to give up as a result of the bargain)?
d.What was Hines's consideration (ie., what did she agree to give up as a result of the bargain)?
e.Is this a legally binding contract?
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