Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Falbe bought a computer from Dell over the phone. When he received it, it came with Dell's standard Terms and Conditions of Sale form. It

Falbe bought a computer from Dell over the phone. When he received it, it came with Dell's standard "Terms and Conditions of Sale" form. It said: "Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause. . . . This Agreement contains the terms and conditions that apply to purchases. . . . By accepting delivery of the computer. . . . Customer agrees to be bound by and accepts these terms and conditions." It also contained the return policy, which stated that the computer could be returned in 30 days from the date of invoice, and an arbitration clause. Several months later Falbe sued Dell for fraud, claiming it misrepresented the procedure for obtaining a $200 rebate. Dell argued that the dispute had to be arbitrated. Who will prevail? Why?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Criminal Law Cases And Materials

Authors: Joshua Dressler, Stephen Garvey

9th Edition

1647087708, 978-1647087708

More Books

Students also viewed these Law questions