StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Mandatory Arbitration - Coursework Example

Cite this document
Summary
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…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Mandatory Arbitration
Read Text Preview

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 PresentedA 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
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Mandatory Arbitration Coursework Example | Topics and Well Written Essays - 500 words”, n.d.)
Mandatory Arbitration Coursework Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/business/1655464-mandatory-arbitration
(Mandatory Arbitration Coursework Example | Topics and Well Written Essays - 500 Words)
Mandatory Arbitration Coursework Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/business/1655464-mandatory-arbitration.
“Mandatory Arbitration Coursework Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/business/1655464-mandatory-arbitration.
  • Cited: 0 times

CHECK THESE SAMPLES OF Mandatory Arbitration

Current legal event

The court also produced an act, validity of Mandatory Arbitration clause, on27/2/2013 that provided a legal shield to the corporations who steal from their customers.... After the ruling, it is always mandatory and in accordance to the law, that the people concerned must respect the order given and act according to its regulation....
3 Pages (750 words) Essay

How the Railway Labor Act Affected Bargaining in the Aviation Industry

The act's purpose was essentially to replace strikes with bargaining, arbitration, and mediation as a way to resolve labor disputes.... ("Collective Bargaining") Second, the RLA requires mandatory arbi.... Collective bargaining, in the context of business, is the process through which an organized union of workers and their employer negotiate the terms of employment....
3 Pages (750 words) Essay

What are advantages and disadvantages of arbitration in international law Discuss

The most common and utilized ADR is arbitration.... This paper studies international arbitration law by analyzing how it works and providing examples of real life arbitration cases.... It provides insight into the advantages and disadvantages of utilizing arbitration to resolve conflict in international business affairs.... arbitration is a relative new concept in the modern business world.... One of the first cases in which arbitration was utilized in a business transaction in the 20th century occurred in 1943....
16 Pages (4000 words) Essay

AT&T MOBILITY LLC v. CONCEPCION ET UX

ruled against the use of a state judicial doctrine that made the enforceability of an arbitration agreement limited.... The original complaint was filed in the Southern District court in California and was… AT&T compelled the arbitration based on contractual language.... ruled against the use of a state judicial doctrine that made the enforceability of an arbitration agreement limited.... The Supreme Court ruled that the Federal arbitration Act (FAA) obstructs the application of a judicial doctrine (Discover Bank rule) used in California that gives courts the permission to hold unconscionable class action arbitration waivers in agreements with consumers concerned....
5 Pages (1250 words) Essay

Employment Law: HR Issues in the Departments within the Organization

First of all, the employees in the team usually make fun of Enid due to her hearing difficulties.... Suddenly, she heard about these things when she had fitted hearing aids in ears.... It is quite rude and unethical.... hellip; econdly, the mean behaviour towards Barbara has caused serious issue as she has the right to make legal claim against whole team and the organization....
12 Pages (3000 words) Assignment

Collective Bargaining Method of Negotiations

The conditions of the workers were getting increasingly neglected.... The only focus of the management was to focus on increasing the production of the goods.... At that point of… The lives of the workers and their working conditions were deplorable.... Their rights were never looked after and the only job of the workers was to produce more....
7 Pages (1750 words) Essay

Supreme Court Ruling on 14 Penn Plaza V. Pyett

The author examines the case on labor arbitration and dispute resolution, between employees who are members of the Service Employees International Union.... The author describes the issues of the case and the effect of the decision on labor arbitration and dispute resolution … When the law does not, expressly or implicitly, prohibit the terms of a valid and binding contract, then the terms of the contract freely agreed upon becomes the law as to the parties to the contract and those that they represent....
6 Pages (1500 words) Assignment

Does Judiciary Encourage the Use of any Appropriate Alternative Mechanisms for the Resolution of Disputes

From the paper "Does Judiciary Encourage the Use of any Appropriate Alternative Mechanisms for the Resolution of Disputes" it is clear that ADR should be encouraged as far as practicable.... It is difficult to suggest that the new CPR has been a disaster to the ADR.... hellip; Lawrence West's accusation is that CPR post-Woolf Reforms has been a disaster to the civil justice system as litigants are literally prevented from approaching courts because of the burden of pre-action protocols....
17 Pages (4250 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us