Case Analysis 1
Case Analysis: Week
Student: Rich Pugh
LS311: Business Law I
Instructor Nivea Castro, J.D.
June 21, 2011
Case Analysis 2
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.”
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