Arbitration Clauses

Arbitration Clauses

All students need to complete this assignment, by submitting a 1-2 paragraph response with 3-5 sentences per paragraph.

This week you learned about an alternative to going to court when involved in a dispute: arbitration. Whether you realize it or not, all of you have signed a contract with an arbitration clause at some point or another (and most of you have likely signed many of them). In these contracts, you gave up your right to sue someone in court to get compensation if they caused harm to you and your property.

For this week’s discussion assignment, describe an arbitration clause or arbitration contract you have signed.  Explain whether you realized you were giving up your right to go to court at the time you signed it. If you did, discuss why you chose to give up your right to sue whoever asked you to sign it, even if they were to cause you harm.  If you were not aware of what you were signing – which many people aren’t –  discuss whether you would sign the same contract again now that you understand you were giving up your right to sue in court. And explain why or why not.

For those of you interested in reading about how arbitration clause disputes play out in real cases, here are two articles about recent cases involving disputes about whether individuals should get back their right to sue in court, or be forced into arbitration instead:

When Employees Sue, You may Wish They had Signed Their Arbitration Agreements by Hand | Fox Rothschild LLP – JDSupraLinks to an external site.

https://www.cnbc.com/2021/08/23/disney-wants-to-move-scarlett-johansson-lawsuit-to-private-arbitration.htmlLinks to an external site.

 Discussion #4: Negligence Based Torts in the News

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All students need to complete this assignment, by submitting a 1-2 paragraph response comprised of at least 3-5 sentences, along with a link to the article you selected. Also, each of you will need to respond thoughtfully (at least 2-4 sentences) to at least one other students post. Your post will be worth 7 points, your response to another classmate’s post worth 3 points.

______________

Many of the lawsuits we hear about in the news are negligence tort lawsuits. In other words, they’re lawsuits in which the plaintiff is seeking compensation from the defendant for harm they suffered as a result of the defendant’s unintentional conduct. This includes slip-and-fall injury cases, most car accident cases, cases in which medical procedures go wrong, etc. For this week’s discussion assignment, find a news article from the past 3 months that is about a negligence tort case, that you find interesting. Include a link to the article in your post. Write a 1-2 paragraph response in which you explain the following three things:

1. How you found the article.

2. What the plaintiff is/was alleging in the case.

3. Why you found the case interesting.

Answer preview for Arbitration Clauses

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