Law Paper C
Law 5401: Business Law Spring 2017
James M. Lammendola, M.A., J.D.
Individual Case Study Final Essays
Due Sunday, April 30 at 11:59pm via Blackboard
Format: 12’ Font Double Spaced
Length: See Individual Question
Point Distribution: All equally weighted
No research required
Note: These are not all or nothing answers. You can earn anywhere from some to full credit on any given question. Conciseness, clarity and organization are highly valued
Question 1 (2 pages):
***** Everyone answer this question ****
CHAPTER 3: Contract Law:
Pages 84 (middle of page) – 86), pages 90-93 including Home Basket Co., LLC v. Pampered Chef Ltd. and top of page 102
A seller/ merchant and buyer/merchant are engaged in preliminary contract negotiations for the sale of a large number of widgets. This is the first time these two businesses have done business with each other. The seller and buyer discussed a number of terms during their preliminary negotiations. There was a consensus on almost every term. The buyer objected to an arbitration clause. The issue was left unresolved; the seller’s position was “we’ll see.”
The seller then directed the buyer to its website where all its contracts are reduced to writing. The buyer must navigate a list of Terms and Conditions. One term and condition requires all disputes be submitted to arbitration instead of a court of law. The buyer had the choice of clicking, “accept,” “reject,” or “counteroffer, state objection.” The buyer clicks “accept” to the Terms and Conditions where the arbitration clause is readily noticeable.
- The buyer claims that his rejection of the arbitration term during the preliminary negotiations is binding — not the online acceptance– because seller was “on notice” of buyers position. Is the arbitration term a part of their contract? Why or why not?
QUESTION 2: Change the facts
Would your answer be different if…..