Question
On Saturday at 10:00 p.m., Jane (a resident of Manitoba) ordered a computer online from SMART Computers for $49 plus tax and delivery charges. Jane
On Saturday at 10:00 p.m., Jane (a resident of Manitoba) ordered a computer online from SMART Computers for $49 plus tax and delivery charges. Jane entered her credit card information and her email address, and clicked "BUY NOW." At 10:04 p.m., she received an email confirmation of her purchase showing a total credit card charge of $75. Jane placed the order after she was told by a friend that the SMART website mistakenly priced the computer at $49 instead of $449. Although SMART blocked the order page when it discovered the error on Friday, Jane successfully bypassed the block and also the webpages disclosing the terms and conditions of the sale. The order page indicated that the purchase was subject to terms and conditions, but there was no hyperlink to the terms. SMART refused to supply the computer, indicating that the computer was not available for $49. Jane started a breach-of-contract action in Manitoba. The terms and conditions stated that supply of the computer was subject to availability and that all disputes must be settled in the courts of Michigan in the United States.
Consider the principles of offer, acceptance, consideration, and intention, and determine if there is a valid contract. If so, do the terms and conditions form part of the sale contract? What information will be important in order to determine the status of the contract and the terms and conditions?
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