Ryan_Fitts_LS311-04_Unit_6_Case_Analysis

Ryan_Fitts_LS311-04_Unit_6_Case_Analysis - Case Analysis 1...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Unit 6 Case Analysis By: Ryan Fitts LS311-04 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Yes, Defontes is bound to the “Terms and Conditions Agreement” because it will be up to an arbitrator to decide if a court could hold the case. The Terms and Conditions Agreement were made available to all customers in at least three methods. Customers and potential customers may view it as a hyperlink on the bottom of Dell’s website. Once an order has been processed, Dell encloses a copy of the terms with an acknowledgement of the order sent to the customer. Finally, Dell encloses a copy with the computer when it is shipped. The customer clearly had the opportunity to view the “Terms and Conditions Agreement” to see that any differences or conflicts shall be resolved exclusively and finally by a binding arbitration administered by the National Arbitration Forum. Based on the United States Supreme Court opinion in “Prima Paint Corp. v. Flood and Conklin, Mfg. Co., 388 U.S. 395, 403-404 (1967), in this Court is not allowed from
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/26/2011 for the course BUS L 311 taught by Professor Markskipper during the Spring '11 term at Kaplan University.

Page1 / 3

Ryan_Fitts_LS311-04_Unit_6_Case_Analysis - Case Analysis 1...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online