The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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Question
Chapter 2, Problem 4BCP
Summary Introduction
Case Summary: A person, BM, played football for the company, TT. He entered into a contract with the company, TT. A provision of the contract laid down that in the wake of a dispute, the same would be submitted for arbitration. Both the parties agreed that the arbitration would be governed by Tennessee law.
To Find: The authority of the court to set aside or affirm arbitrator’s award.
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Marleen was employed by Acme, Inc. When she accepted the job, as part of her compensation package, she agreed that any dispute between her and Acme would be resolved through non-binding arbitration. When Marleen was passed over for promotion three times, she alleged that Acme violated her civil rights and initiated arbitration proceedings. If either party disagrees with the decision of the arbitrator, will a court hear the case?
a.
Yes, because here arbitration is non-binding.
b.
No, because the purpose of arbitration is to reduce the number of cases heard by a judge.
c.
Yes, because arbitration is disfavored in that it deprives plaintiffs of their day in court.
d.
No, because the agreement to arbitrate was contractual and included an agreement to abide by the arbitrator’s decision.
Tim and Kristen work together in College Station, Texas. Tim mentions
that he is selling his car and Kristen offers to buy it. When Kristen gets
the car, the air conditioning doesn't work. Kristen says, "The deal is off."
Tim responds, "No, we had a contract."
If the parties do not want to go to court, but they would like a third-party
to be involved, what form of alternative dispute resolution (ADR) could
they use?
O Arbitration
Mediation
O Negotiation
Either Arbitration or Mediation
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In the Silvestri v. Optus Software, Inc. case, the
employment contract contained a 2-year
employment agreement with a satisfaction clause.
Which of the following was held?
A. The satisfaction clause was not enforced,
because it was a restraint on trade.
B. The satisfaction clause was not enforced,
because it was subjective.
C. The employer breached the contract and had to
pay damages.
D. The termination of employment before the 2-
year period was enforced.
Chapter 2 Solutions
The Legal Environment of Business: Text and Cases
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