Question
You are required to analysis and answer the following question: - Over the phone Jesicca and Rachel Hill ordered a computer from Ray Tech 2020
You are required to analysis and answer the following question: -
Over the phone Jesicca and Rachel Hill ordered a computer from Ray Tech 2020 Inc. Inside the box were the computer and a list of contract terms which provided that the terms governed the transaction unless the customers returned the computer within thirty days.
Among those terms was a clause that required any claims to be submitted to arbitration. The Hills kept the computer for more than thirty days before complaining to Ray Tech about the computer's components and its performance.
When the matter was not resolved to their satisfaction the Hills filed a suit in a court against Ray Tech arguing among other things that the computer was defective.
Ray Tech asked the court to enforce the arbitration clause. The Hills claimed that this term was not part of a contract to buy computer because the list on which it appeared had been in the box and they did not see the list until after the computer was delivered.
Should the court enforce arbitration clause?
Do shrink-wrap agreements impose too great a burden on purchasers?
Why or why not. Discuss full and give justification to your answer.
It must contain the following:
Your own perspective regarding the Contract Law and other relating principle of law. Your suggestion whether there is a need to amend the Contract Law. Searching for the existing Act or Statute which is applicable. Your own conclusion.
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