Joanna Aeschbacker Case Analysis Unit 2 LS311

Joanna Aeschbacker Case Analysis Unit 2 LS311 - owners,...

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Joanna Aeschbacker Unit 2 Case Analysis Unit 2 Case Analysis – Baker vs. Osborne Joanna Aeschbacker Kaplan University LS 311 1
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Joanna Aeschbacker Unit 2 Case Analysis After reviewing the synopsis of the Baker vs Osborne case and doing further research of other similar arbitration cases, I would say that Baker and the other homeowners are not bound to the arbitration agreement and can sue Osborne Developments directly. First and foremost, the original contractual agreement was between a homeowner, Thomas Davis (and others) and the developer, Osborne Developments. It seems as if the Home Buyer Warranty is a third party involved after the fact. Secondly, it seems as if Osborne Developments may have been aware of the inferior dwelling structures they were building, known that damages were eminent and proceeded to protect themselves by trying to incorporate the home buyer warranty. It appears that the arbitration clause in the Home Buyers Warranty program calls for arbitration of all issues regarding the contractual agreement between all parties involved: home
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Unformatted text preview: owners, developers, warranty issuer, subcontractors, etc Osborne developers and the Home buyers warranty want to see these issues resolved in arbitration, which would most likely be a more cost effective approach. Thomas Baker and other homeowners do not want to arbitrate their issues, the want to sue the builder directly in a court of law. There are strict liability issues to address, such as the poor craftsmanship of the dwelling that is causing cosmetic and structural damages. The arbitration agreement is also somewhat ambiguous in nature , as it provides for both an arbitrator and/or and court of law to discover the whether or not an issue could be arbitrated. 2 Joanna Aeschbacker Unit 2 Case Analysis References Miller, L. Roger., & Jentz, A. Gaylord (2008). Fundamentals of Business Law. Cengage Learning: Ohio NCR vs Korala (2008). Retrieved from http://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf 3...
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This note was uploaded on 08/15/2011 for the course LAW 311 taught by Professor Tonistarcher during the Spring '11 term at Kaplan University.

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Joanna Aeschbacker Case Analysis Unit 2 LS311 - owners,...

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