The Case Analysis Unit 2

The Case Analysis - 1 Case Analysis The Case Analysis LS311 Business Law I Prof Nivea Castro J.D Catrina Adams-Young BAKER v OSBORNE DEVELOPMENT

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1 Case Analysis The Case Analysis LS311: Business Law I Prof: Nivea Castro J.D. Catrina Adams-Young June 28, 2011 BAKER v OSBORNE DEVELOPMENT CORP. California Court of Appeals, 4th Division, 2008
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2 Case Analysis Cal.Rptr.3d 854 (2008) Facts Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a home with HBW, it paid a fee and filled out a form that stated the following: “By signing below, you acknowledge that you… CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein.” HBW then issued warranty booklets to the new homeowners that stated: “Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW…shall be submitted to arbitration.” Issue Would the new homeowners be bound by the arbitration agreement, or could they sue the
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This note was uploaded on 07/05/2011 for the course ACCT 300 taught by Professor Professormiller during the Spring '10 term at Kaplan University.

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The Case Analysis - 1 Case Analysis The Case Analysis LS311 Business Law I Prof Nivea Castro J.D Catrina Adams-Young BAKER v OSBORNE DEVELOPMENT

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