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Ryan_Fitts_LS311-04_Unit_6_Case_Analysis - Case Analysis 1...

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Unit 6 Case Analysis By: Ryan Fitts LS311-04 1
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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
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  • Spring '11
  • Supreme Court of the United States, Arbitration, National Arbitration Forum, Supreme Court Opinion, Prima Paint Court

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