Installation arbitration agreement
INSTRUCTIONS: This writing assignment consists of three cases. Read each case carefully and using the material covered in Module 1 analyze each of the cases. To demonstrate your understanding, use and apply the relevant legal concepts, rules of law, and issues in your answers. Compose your answers using your word processing program and submit your completed assignment here by browsing to the file on your computer and clicking “Upload This File.”
Include your name, the assignment name [Module: 1], and your course and section number at the top of the paper.
Total length guideline: 1.5 page total for all answers combined.
- John purchased a computer from Gateway, Inc. He noted upon starting it up that he had to agree to a number of provisions in the contract of purchase in order to continue his initial installation. The program indicated that if he did not wish to agree to the terms, he could return the computer to Gateway at Gateway’s expense. One of the provisions requires that any disputes arising under the contract agreement be submitted to binding arbitration for a resolution. If John continues with the installation will he be bound by the arbitration agreement? What if he would rather have his case heard in court? What will John’s rights be under the Gateway agreement?
- The president and athletic director at the University of California at Los Angeles (UCLA) fired the school’s basketball coach because an expense form he had submitted requesting a reimbursement that listed the names of two students he said had joined him for a recruiting dinner. When questioned, the students admitted they had not been to the dinner and knew nothing about it. The coach was stunned at being fired because he had been at UCLA for eight years and had established a winning basketball program. He said “And to throw it all away over a $100 meal?” Do you agree with the coach’s assessment? Was it too harsh to fire him over one inaccurate expense form? Why do you think the president fired him instead of a lesser punishment? Did the coach commit an ethical breach? Explain your answers.
- Mary Small is a nurse for Providence Hospital. Part of her job is to remove blood and urine samples from patient’s rooms. Last week, Mary cut her hand (while wearing gloves) working with a patient who was badly injured. She put the bloody towels in the property identified trash can as directed. She later developed an infection. What source of law determined the procedures Mary was supposed to follow in handling and disposal of blood and urine samples in her department? Explain you answer fully.
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After purchasing the computer, and if he continues with the installation, John will be bound by the arbitration agreement because he has signed the terms and conditions of the contract. By signing the contract, John agreed to the terms and conditions of the contract which is binding and therefore enforceable by law. In case of any issue arising from the contract, John will only be limited to the options available under the contract for the resolution of the………………
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