In Week 1, you learned about arbitration. Read Case 16.3 in your textbook. Research the full opinion on this case. This case deals with the arbitration of contract disputes in breaches of contracts.
- What facts/ideas justify the opinion of the court in this case?
- What alternatives could you suggest to eliminate the issues in these cases?
- Research another case using an arbitration clause to deal with a breach of contract.
- Is the use of arbitration clauses ethical? Why or why not? Support your opinion with at least two ethical theories.
Support your answer with legal concepts from this week’s learning. Be sure to provide in-text citations and source information in APA format including a working URL.
Week 4 Writing Assignment
What facts/ideas justify the opinion of the court in this case?
Related to this case, the court can take up the decision related to the jurisdiction which is passed under the verdict of Congress which is related to the Federal Arbitration Act. Thus, this act actually helped in relating to the dispute contracts, so that they have decided whether to relate to arbitration to understand the clause based on the enforceable contracconsiststhatcontai. This case mainly focuses on the United States district court to hold up the arbitration clause which is enforced, while this has granted the doctrines of Mercedes Benz, to relate with the motion to compel the arbitration.
Here, in this court case, Demetrius Mance brought out his Mercedes Benz as he had signed to give the retail installment based on the contract. The opinion on the arbitration was actually justified by the facts as stated by the petitioner Demetrius Mance who purchased a new car Mercedes Benz. As opined by Cheeseman, (2016), an arbitration contract mainly consisted of the ideas which contained the signatures of the Arbitration clause which is stated to be acclaimed or can be a part of the dispute taking place between the two parties which have taken up the decision by the arbitration, while not continuing with any court proceedings. The arbitration mainly followed the ideas related to the arbitration clause which provided a significance that is projected to the blinding or making a non-appealable arbitration. Thus, this is true that by signing the contract, Demetrius Mance agreed with the terms related to the contract.
Through this case, it can be focused that the Arbitration clause was actually highlighted, while this was also written with some bold letters so that whoever is signing the contract would learn and acknowledge the criteria, based on the Arbitration clause, while they have been highlighting some individuals to learn what is going further, or as it is expected related to the problem which was aroused. Thus, this clause was not hidden, because it had a signature on it, while to sell them based on the car to proceed with the terms. Yet, Mance has been facing issues related to the maintenance, related to the car, as well as this related to the Mercedes Benz, which was not been repaired as the car was likely to do with Mance. However, he later signed the contract which stated, he would have been entering the arbitration, as there was an issue based on the car. Thus, the arbitrary provision was highlighted, with an apparent and it was not an oppressive means which should have been undertaken as taken by Mr. Mance, as it surprised all the individual, as stated by Judge Beeler who overhead this case.
What alternatives could you suggest to eliminate the issues in these cases?
To understand the significance of the alternatives, while eliminating the issues based on the case. Thus, the easiest and one logical alternative is ready to be a part of this contract, which is especially related to the clause before it was been signed by the purchase. Secondly, it is more complicated, which could have been done to negotiate the withdrawal related to the clause before it was signed in the contract. Thus, the suggestion that I would want to mention here is based on eliminating the issue in case the buyer signs the name right next to the bold or the highlighted arbitrary clause. The sellers would be assuredaspects about the significance and aspect of the contract. As stated by Hoffman (2015), the arbitration clause which was written in bold letter, while having a probability for the buyers to be excited enough to get a new car, does not provide complete attention related to the particular based on the contract (Cheeseman, 2016). Apart from this, I would want to mention that the buyers give complete attention to the arbitrary clause based on the contract.
Thus, this current scenario is based on binding arbitration, which mainly based on the participants who can follow the decision which is made by an arbitrator as well as the courts to ensure an enforced idea. While considering Mercedes Benz is a global company, it is suggested to keep forward to the arbitrary notion related to the contract. Thus, in the case of a smaller company, which might have a smaller arbitration clause based on the contract, thus, under this doctrine, I would want to narrate in detail the significance of using non-binding arbitration. Thus, this is like a way either a party can be kept free, or they can be rejected for the decision to be treated as the arbitrator, to take up the decision of the court. Moreover, it aspires that big companies, such as Mercedes Benz, have contracts always ready for signature while keeping the same terms forever, without any proper change.
Research another case using an arbitration clause to deal with a breach of contract.
Here another case example, which is affirmed of using the arbitration clause deal that breaches the contract, can be considered as Chelsea Auctions v. South Shore Alarms. I selected this case because this case involves an interpretation to undermine the contract in the context, related to the provision related to the arbitration. Thus, here the plaintiff is Chelsea Auctions, who wanted to provide a security system, which is required to be placed against their business, to enter into a contract with Ms. Gorobetz, who later on signed a personal guarantee.
On the other hand, Tatiana Gorobetz has signed the contract on behalf of the plaintiff thus, this contract has stated about the auction, related to the dispute that took place between the parties which is subjected to arbitration, related to creating a proper formation to give a start-up related to arbitration which would be related to serving a notice based on the party via the 1st Class mail, FedEx and UPS. Thus, this is underlying with the dispute which gives an arouse for the contract related to the installation in order relate to monitoring as well as service related to the alarm system based on the petition about Chelsea Auctions Inc (Leagle.com, 2022). that was placed to conduct the business. The commencement related to the action proceeding, or arbitration with the services about the legal process based on the arbitration taken place between the parties to serve the First-Class Mail to deliver the U.S Post Office with The Federal Express related to the parties who can address to an agreement or other address to provide the party to write about another party.
Therefore, this case narrates the significance which dwells on the personal guarantee, given on the last page of the contract, which affects the statement about Gorobetz who can personally guarantee the Chelsea Auctions to abide by the rules, with the guidelines to agree with the arbitrate the dispute.
In October 2012, this case mainly focused on the significance of the South Shore Alarms sent a notice based on Chelsea Auctions to request arbitration for what they claimed by the breached contract. Based, on November Chelsea Auctions was petitioned by the court related to preventing arbitration. Moreover, here the plaintiff stated about the mentioned arbitration about passing and Tatiana Gorobetz was unaware of the arbitration clause related to the contract. Thus, when the court, has to take note of the arbitrary provision, this often includes the personal guarantee, to learn about the right based on the above line where Ms. Gorobetz signed with her name on the paper. Subsequently, here the language which is written in the contract mainly contains an arbitrary clause with a reason to make a clear and explicit diction that can relate to the arbitrary clause. Therefore, the court here mainly rules in favor of South Shore Alarms because they have been thinking about which party, can read the contract, and develop the capability to read it before signing any contract.
The provision of this case is mainly based on the doctrine that it is noted about the arbitrary provision, which includes being a personal guarantee, or the right to line up with the method which was followed by the Gorobetz to read the terms and conditions before signing the agreement. This caters to an example that narrates on the topic that how the court shall proceed with not being sympathetic towards the plaintiff’s argument, to have an idea related to the language based on the arbitration with an unequivocal system or a subject that not be interpreted. Therefore, in the case of the Chelsea Auctions v. South Shore while used an arbitration clause to deal with the breach of contract (Leagle.com, 2022).
Is the use of arbitration clauses ethical? Why or why not? Support your opinion with at least two ethical theories.
Here, I would want to give out the points that I think can be considered to use the arbitration clause considering it to be ethical. Arbitration is the process related to the arbitrary system, which can facilitate one’s communication, and is relevant to the two sides based on the disputes. Therefore, an arbitrator might focus on the attorney, related to the retired judges to take up the position of an arbitrator (Hoffman, 2015).
I think that arbitration might lack different components related to the technical as well as the legal structure to learn about the profile to narrate in detail with the traditional litigation while this has been offering, a few more advantages while making use of the arbitration clause. Moreover, arbitration is usually narrated to a provision about a faster resolution than they can proceed about the court through this provision which can set forth the construction to narrate about the agreement or upon the mutual agreement with the parties once based on the arbitration clause to commence about the different parties to fetch an opportunity while establishing the rules and the guidelines while limiting it for the pre-history exchange system on the documents or an interrogation which is witnessed. Thus, this manner is identified as arbitration on the hearing note which can be concluded about the level of details which includes an arbitration award.
Thus, arbitration is normally related to the less expensive system with court litigation. Thus, the parties mainly choose those they want to narrate about the act as an arbitrator with the same person while they can listen to which can whole proceedings in the court. Thus, through this provision which sets forth a constructional agreement or upon the mutual agreement based on the parties once arbitration has commenced, the parties build up an opportunity to establish the rules while limiting the pre-hearing system to exchange the document, based on the interrogation of the witness, in a such a manner based on the arbitration on hearing about the expenses than the court proceedings (Nisar, 2013). Therefore, this helps to thrive the limits related to the pre-hearing exchange under the documents or an interrogation made of a witness. Thus, an arbitration clause on hearing shall be concluded on the conduct, as it levels up details that are included about the arbitration based on an arbitration award.
Thus, arbitration is focused on court litigation. Therefore, the parties are selected to choose what should have wanted to act about the arbitrator for the same person to listen to the whole proceedings and can make a judgment by the end. Thus, there are a lot of advantages to using an arbitration clause, with both parties acknowledging and agreeing with the process within the case of a dispute. Both parties should read the contract carefully, with the sign so that they can agree with an offer.
Thus, the two ethical theories, are related to the opinions about ethical fundamentalism and Kantian Ethics. Thus, Ethical fundamentalism is based on the moral theory which states that people, look forward to outside sources to narrate the ethical rule. Thus, arbitration agreements are commonly used for their credits, agreements, or mortgaging the sales based on the contracts or keeping things on lease. Thus, when the party is regarded to be disregarded on the agreement with an enforced arbitrary hearing, they shall use the different contracts as a source to look forward about the figure to resolve a particular issue. For instance, if someone, has been issuing nothing but a credit card, shall proceed who be asked about the arbitrary clause while meeting up or while using the contract which can prove what is entitled. Thus, in case of the Kantian ethics which is well-known for the duties related to ethics. This also refers to deontology with its ethical theory while developing Universal ethics with a principle that states respect as it is protected by humanity, other than those who have acted in accordance to the rules which could actuary hold on the system for everyone. The Kantian theory states that the cases have been treated for the same reason. However, if there is an exception to the rule, then this can cater to an exception, which is applied to everyone, thereafter. This would have helped to keep up with arbitrary cases which is predictable, while they have allowed both the parties to learn and acknowledge what is expected.
Cheeseman, H. (2016). Business law: Legal environment, online commerce, business ethics, and international issues (Tenth ed.). Prentice Hall
Hoffman, M. (2015). The Advantages and Disadvantages of Arbitration vs. Court Litigation. Retrieved from https://www.tuckerlaw.com/2015/02/13/advantages-disadvantages-arbitration-vs-court-litigation/ (Retrieved on September 10, 2022)
Nisar, M. (2013). Arbitration in Breach of Contract. Retrieved from https://www.nisarlaw.com/blog/2013/september/arbitration-in-breach-of-contract/ (Retrieved on September 18, 2022)
Leagle.com (2022). CHELSEA AUCTIONS INC. v. SOUTH SHORE ALARMS INC. Retrieved from https://www.leagle.com/decision/innyco20130911345 (Retrieved on September 12, 2022)