Nt1310 Unit 2 Assignment 2
Case Analysis Unit 2 Assignment 2
Omar James
Kaplan University
The Case This case is an interesting one because it gets right into the core of the confliction between the proprieties of contractual agreement. This case is focused primarily on Osborne Development Corp. and the multiple defects customers are experiencing with their homes. These upset customers are suing this Corporation in attempts to collect reparations for the discrepancies faced. The homeowners who purchased homes form Osborne Development Corp. (ODC) negligently purchased these homes. According to the Home Buyers Warranty ( HBW), “ Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insure and/or HBW …show more content…
The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitration may be voluntary or mandatory. ( naca.net)
In this scenario the arbitration had been implemented mandatorily. The keywords in the contract that binds the customers to this contract of arbitration are the following : “ By signing below, you acknowledge that you consent to the terms of these documents including the binding arbitration provision contained therein (assignment2)”. Binding arbitration eliminates the right to appeal decisions made by the arbitrator. By signing the document all parties forfeit the power to go to any other court system to resolve the dispute. Courts will agree with the arbitration decision because of the fact the contact was valid.
A valid contract has four elements for contract formation: (1) an agreement ( offer and acceptance) (2) supported by legally sufficient consideration ( 3) for a legal purpose and (4) made by parties who have the legal capacity to enter into the contract.( Miller & Jentz,
Omar James
Kaplan University
The Case This case is an interesting one because it gets right into the core of the confliction between the proprieties of contractual agreement. This case is focused primarily on Osborne Development Corp. and the multiple defects customers are experiencing with their homes. These upset customers are suing this Corporation in attempts to collect reparations for the discrepancies faced. The homeowners who purchased homes form Osborne Development Corp. (ODC) negligently purchased these homes. According to the Home Buyers Warranty ( HBW), “ Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insure and/or HBW …show more content…
The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitration may be voluntary or mandatory. ( naca.net)
In this scenario the arbitration had been implemented mandatorily. The keywords in the contract that binds the customers to this contract of arbitration are the following : “ By signing below, you acknowledge that you consent to the terms of these documents including the binding arbitration provision contained therein (assignment2)”. Binding arbitration eliminates the right to appeal decisions made by the arbitrator. By signing the document all parties forfeit the power to go to any other court system to resolve the dispute. Courts will agree with the arbitration decision because of the fact the contact was valid.
A valid contract has four elements for contract formation: (1) an agreement ( offer and acceptance) (2) supported by legally sufficient consideration ( 3) for a legal purpose and (4) made by parties who have the legal capacity to enter into the contract.( Miller & Jentz,