A person S purchased a video security system using a smartphone from the company named T, located in another state. The system arrived after one month from the projected delivery date. Further, the system was not functioning as it was advertised and was of poor quality. S filed a lawsuit against the company T in the state court. The state in which S resides requires the dispute between S and the company T to be submitted to nonbinding arbitration or mediation. To Explain: The ability of the court to hear the lawsuit in case the dispute between S and the company T is not resolved or in case either of the parties disagrees with the decision provided by the arbitrator or mediator.

Question

Teresa and Kensington enter into an employment contract that contains an unenforceable arbitration clause. Teresa sues Kensington, but Kensington wants the contract to remain effective. How can the court rule that the contract is still valid? a. If the contract contains an integration clause, the court may delete the unenforceable clause and enforce the rest of the contract. b. If the contract contains boilerplate, the court may delete the unenforceable clause and enforce the rest of the contract. C. If the contract contains a severability clause, the court may delete the unenforceable clause and enforce the rest of the contract. d. If the contract contains representations and warranties, the court may delete the unenforceable clause and enforce the rest of the contract.

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Chapter 2, Problem 2IS

Summary Introduction

Case Summary: A person S purchased a video security system using a smartphone from the company named T, located in another state. The system arrived after one month from the projected delivery date. Further, the system was not functioning as it was advertised and was of poor quality. S filed a lawsuit against the company T in the state court. The state in which S resides requires the dispute between S and the company T to be submitted to nonbinding arbitration or mediation.

To Explain: The ability of the court to hear the lawsuit in case the dispute between S and the company T is not resolved or in case either of the parties disagrees with the decision provided by the arbitrator or mediator.

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Teresa and Kensington enter into an employment contract that contains an unenforceable arbitration clause. Teresa sues Kensington, but Kensington wants the contract to remain effective. How can the court rule that the contract is still valid? a. If the contract contains an integration clause, the court may delete the unenforceable clause and enforce the rest of the contract. b. If the contract contains boilerplate, the court may delete the unenforceable clause and enforce the rest of the contract. C. If the contract contains a severability clause, the court may delete the unenforceable clause and enforce the rest of the contract. d. If the contract contains representations and warranties, the court may delete the unenforceable clause and enforce the rest of the contract.

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