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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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- Spring '11
- Arbitration, Joanna Aeschbacker, Joanna Aeschbacker Unit, Thomas Baker, Osborne Developments