Question
say a man purchases a handheld saw. He reads the first page on how to use it, and does not look at the next three
say a man purchases a handheld saw. He reads the first page on how to use it, and does not look at the next three pages and while using the saw the blade jumps free, even though he has securely attached it per theinstructions that came with it,slicing deep into his hand. He wraps it and rushes to the local hospital where he is stitched up. In his haste, he leaves it plugged in. Due to an apparent defect, it quickly catches fire, and his house burns to the ground. Distraught, he comes to you, his attorney, and says he wants to sue for injuries and loss, which exceed over 200,000 in value of the house alone (unfortunately, the insurance he purchased does not cover this loss). As you begin to review the instruction manual to make sure that he did attach and use the saw correctly, you see on page 2, there is mandatory arbitration agreement wherein the buyer agrees that states:
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator and awards are to be limited to loss of the value of the saw. An award of arbitration may be confirmed in a court of competent jurisdiction. The client insists that is not legal. Is this enforceable?
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