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Mandatory Arbitration - Coursework Example

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In this scenario, two or more o the aggrieved parties submit their cases at issue to a neutral arbiter. In addition, these parties do not opt for litigation. In summation, it is a contract term which prevents judicial…
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Mandatory Arbitration
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Extract of sample "Mandatory Arbitration"

Lecturer Mandatory Arbitration This is an aspect of an alternative dispute resolution. In this scenario, two or more o the aggrieved parties submit their cases at issue to a neutral arbiter. In addition, these parties do not opt for litigation. In summation, it is a contract term which prevents judicial intervention from disputes.
I strongly think that all business should not have such clauses as mandatory contracts. This is due to the fact that, there often so many irregularities that may come unintended. Some of these are out of human error. Since human have weaknesses, most of the issues that may arise while doing business can be settled through voluntary ways. Given that I have a start up business on car detail, I cannot create a contract that with mandatory arbitration. This is because, mandatory arbitration requires one or more parties while in this situation there is only one party which is me.
Secondly, having been a smart entrepreneur, I have been trading on used equipment in order to keep my expenses as low as possible. Since, I was ecstatic when I did find a carpet cleaning machine for vehicles on craigslist. When I drove for three hours to the outskirts of Kansas City, so that, I could pick up the machine that was for two thousand dollars The seller Sam Sneeky had made an advertisement to the effect that the machine had only been used for two times and was still in perfect condition.
But, on returning to my shop, I was grossly disappointed on finding out that the machine wouldn’t even turn on. Since am so disappointed that I want Sam to refund my two thousand dollars. The best state that I would report my case to is Kansas in a court that enjoys the jurisdiction on this matter. This is due to the fact that, the case did arise in Kansas City.
Legal Issues Presented
A number of legal issues are presented in the above highlight. For example, when I had made a decision to enhance my car detail business, I have settled on negotiating a contract with the some of the car rental companies. Given that, I can provide a detailed cleaning whenever any of the company is ready and willing to sell the vehicle. Having approached the ‘We Rent Cars’ company with this noble proposal, they did let me know that, whenever they hire any individual or company to work for them. They often demand that, a detailed contract be reached that outlines all the terms. For in stance, I should fill in detailed information about my service or company.
The legal issue presented here is that, the agreement fails to bind since; it’s not formulated with the consent of both parties. This is due to the fact that I only play a passive role which is signing to an already drafted agreement. In this regard, I may legally fail to comply with the ‘we rent cars’ company’s terms since strongly feel forced into the deal. Read More
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