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Review the following case




The Case;Review the following case. Prepare an analysis that will demonstrate your ability to both answer the;questions presented and incorporate theories and concepts from this week?s material.;Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple;defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new;home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a;home with HBW, it paid a fee and filled out a form that stated the following: ?By signing below, you;acknowledge that you? CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE;BINDING ARBITRATION PROVISION contained therein.? HBW then issued warranty booklets to the new;homeowners that stated: ?Any and all claims disputes and controversies by or between the Homeowner;the Builder, the Warrant Insurer and/or HBW?shall be submitted to arbitration.?;Would the new homeowners be bound by the arbitration agreement, or could they sue the builder;Osborne, in court? (Baker v Osborne Development Corp., 159 Cal.App.4th 884,71 Cal.Rptr.3d 854 (2008);In responding to the question be sure to;? Discuss what courts are saying about the enforcement of arbitration clauses in contracts.;? Utilize the decision in the NCR Corp v Korala Associates, Ltd. as a basis for answer. For more;information on this case go to


Paper#35325 | Written in 18-Jul-2015

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