Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Dewayne Hubbert, Elden Craft, Chris Grout, and Rhonda Byington bought computer's from Dell Corp. through its Web site. Before buying, Hubbert and the others configured
Dewayne Hubbert, Elden Craft, Chris Grout, and Rhonda Byington bought computer's from Dell Corp. through its Web site. Before buying, Hubbert and the others configured their own computers. To make a purchase, each buyer completed forms on five Web pages. On each page. Dell's "Terms and Conditions of Sale" were accessible by clicking on a blue hyperlink. A statement on three of the pages read, "All sales are subject to Dell's Terms and Conditions of Sale," but a buyer was not required to click an assent to the terms to complete a purchase. The terms were also printed on the backs of the invoices and on separate documents contained in the shipping boxes with the computers. Among those terms was a "Binding Arbitration" clause. The computers contained Pentium 4 microprocessors, which Dell advertised as the fastest, most powerful Intel Pentium processor available at the time. Hubbert and the others filed a suit in an Illinois state court against Dell, alleging that this market was false. misleading, and deceptive. The plaintiffs claimed that the Pentium 4 microprocessor was slower and less powerful, and provided less performance, than either a Pentium III or an AMD Athlon, and at a greater cost. Dell asked the court to compel arbitration. [Hubbert v. Dell Corp., 359 Ill.App.3d 976. 835 N.E.2d 113, 296 Ill. Dec. 258 (5 Dist. 2005)]Develop a paragraph of discussion for each question: 1. Should the court enforce the arbitration clause in this case? If you were the judge, how would you rule on this issue? 2. In your opinion, do shrink-wrap, click-on, and browse-web terms impose too great a burden on purchasers? Why or why not? . 3. An ongoing complaint about shrink-wrap, click-on, and browse-web terms is that sellers (often large corporations) draft them and buyers (typically individual consumers) do not read them. Should purchasers be bound in contract by terms that they have not even read? Why of why not
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started