Question
The Ponce-Lopez family were Ecuadorian immigrants who spoke only Spanish. When they bought a car, the dealer had them sign a blank, English-language contract with
The Ponce-Lopez family were Ecuadorian immigrants who spoke only Spanish. When they bought
a car, the dealer had them sign a blank, English-language contract with the promise that she
would fill in the agreed-upon numbers later. But then the dealer completed the sales contract
with numbers that were higher than those agreed upon. The family tried to sue, only to realize
that they had inadvertently signed away their rights because the contract contained, in tiny print,
an arbitration clause.
a. What legal arguments would the Ponce-Lopez family make to be able to keep their lawsuit in court, rather than have it go to arbitration?
b. What legal arguments would the Ponce-Lopez family make to claim the contract was Unenforceable?
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