Basulto Vs. Hialeah Automotive: Case Study

Improved Essays
The lawsuit of Basulto v. Hialeah Automotive had its origins in a contract disagreement between parties. The plaintiffs in the case were Roberto Basulto and Raquel Gonzalez, whom were husband and wife and considered by the courts to be “the buyers”. On the other hand, the defendant in the case was Hialeah Automotive, LLC, who also went by the name of Potamkin Dodge, and was considered by the courts to be “the dealership” (Basulto v. Hialeah, 2014). In 2004, Basulto and Gonzalez purchased from Hialeah Automotive a 2005 Dodge Caravan. According to the buyers, the contract provided to them by the dealership was blank with the assurance that the sums would be filled in at a later time (Basulto v. Hialeah, 2014). Both parties had orally agreed upon …show more content…
The court reached the conclusion that “no valid agreement to arbitrate exist[ed] in the case” (Basulto v. Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the court stated, “there was no meeting of the minds with respect to the terms by which [the dealership] intended the parties to be bound” (Basulto v. Hialeah, 2014). Thus, the court denied the dealership’s motion to compel arbitration under the first element of Seifert since no arbitration agreement ever existed between the …show more content…
This court considered the Third District Court of Appeals decision to enforce the Clause Arbitration agreement. The court disagreed with the verdict to enforce the Clause, arguing that the Third District Court of Appeals did not employ the Seifert standard established as a precedent in evaluating motion to compel arbitration agreements (Basulto v. Hialeah, 2014). Additionally, the court found the Third District Court of Appeals’ decision to enforce the arbitration clause under the Federal Arbitration Act, as a violation of the FAA section 4, and that both parties had not agreed upon arbitration terms (Basulto v. Hialeah, 2014). Therefore, the supreme court concluded that the trial court’s decision to deny the dealership’s motion to compel arbitration be reinstated and that the buyers be awarded attorney’s

Related Documents

  • Great Essays

    After Colorado Carpet had begun installing the carpet, Mrs. Palermo was dissatisfied. Therefore, the installation of the carpet is part of the service in the contract. B. RESOLUTION: [Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384 (Colo. 1983)] How did the court answer the questions? What did the court decide?…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Ronald Vaden V

    • 904 Words
    • 4 Pages

    Case Name and Citation NUNN vs. MASSACHUSETTS CASUALTY INSURANCE COMPANY 743 F.3d 365 (2014) Court of Appeals Second Circuit Summary of the Key Facts in the Case Ronald Nunn and Donald Vaden are former National Basketball Association referees. In September 1996, both plaintiffs were taking part in a referee training camp that was located in New Jersey and attended a union meeting that was hosted by the National Basketball Referees Association.…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The case of Tommy Takem, the owner of Takem’s Appliances & Electronics, LLC against Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming that at the time Sally purchased the laptop, both she and Takem came to an agreement on all terms, thus entering into a sales contract.…

    • 2469 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Facts and Procedural History: Once the individual, Graham, realized the commencement of a low insulin is being reacted, he had the inclination to purchase an orange juice to thwart the low insulin reaction. Upon arriving the convenience store where he spotted a line of customers waiting for their turn at the checkout line. Graham rushed out of the store without paying for the content. An officer spotted the swift activity and decided to do an investigative stop and called for backup.…

    • 510 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The critical implications of the decision of Haque & Ors v Minister for Immigration & Anor [2015] FCCA 1765 (2 July 2015) in terms of the binding nature of opinions of Medical Officers of the Commonwealth (“MOC”) appointed by the Minister, are as it is stated in regulation 2.25A of the Migration Regulations 1994 (Cth) the (“Regulations”). In that the opinion of the MOC is to be taken as to be correct in determining whether a person meets the requirements of Public Interest Criteria (“PIC”) 4005. The delegate of the Minister is not to form their own opinion on whether or not an applicant meets the requirements of PIC 4005.…

    • 767 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Rla Summary

    • 471 Words
    • 2 Pages

    Chapter 3 Summary The Railway and Airline Labor Act (RLA) was passed in 1926 in order to encourage a more stable link between labor-management relations. The RLA encompassed an assortment of provisions and a tough policy statement, intended to evade or postpone any disturbance to business caused by a strike. The RLA applies to all employees of railroads, airlines and anything associated with the transportation of cargo or passengers. The RLA avoids or postpones stoppages by prolonging the collective bargaining process.…

    • 471 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Whereas, the outcome was unsatisfactory. The court has denied the request despite Houston’s…

    • 769 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Did Jim and Laura Buy a Car? A legal contract should clearly state the terms of reference. For the case of the buyer and the seller, the contract must state the price of the commodity and other details such as the condition of the commodity. For the case of purchasing a car, the sales agreement is a legal contract signed by both the seller and the buyer. For Jim and Laura, they did not sign any legal written document binding them to buy the said car.…

    • 864 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Promissory Estoppel Essay

    • 707 Words
    • 3 Pages

    This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…

    • 707 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Plaintiffs Marc and Bree Kohel entered into a sales contract with the Defendant Bergen Auto Enterprise, LLC for the purchase of a used 2009 Mazda. The Plaintiffs alleged breach of contract was when the Defendant refused to supply permanent plates for the 2009 Mazda that the Plaintiffs already paid for. Also, for the Defendant refusing to pay off plaintiff’s outstanding loan on the Nissan, as they had agreed in the contract. The Defendant argued that the Plaintiffs delivery of the Nissan without a VIN tag was a breach of the contract of sale and excludes the finding that Defendant breach the contract. Rule of Law:…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Plaintiff in this case has failed to form a prima facie case that either general or specific jurisdiction exists over the Defendant. The Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(6) was granted and the Defendant was given leave to amend. In order for a District Court to hear a case it must have jurisdiction.…

    • 1106 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The issues are whether there is an exception regarding to the majority rule and proper plaintiff rule in Foss v Harbottle? In the cases of Foss v Harbottle provides two types of rule which is “majority rule” and “proper plaintiff rule”. “Majority rule” is the majority shareholder decisions and choices over the minority shareholders. The majority votes from the shareholder within the company are ¾ of voting rights which is 75 %.…

    • 911 Words
    • 4 Pages
    Improved Essays
  • Brilliant Essays

    Toyota Case Study

    • 2390 Words
    • 10 Pages

    Throughout all these years, Toyota had built a strong image in Malaysian customers’ mind. Based on a comment by UMW Toyota (Local Distributor of Toyota Motor in Malaysia) president Kuah Kock Heng, he said that UMW Toyota had the biggest share of the non-national makes in 2009, selling 81,785 units. It outsold its nearest competitor by over 40,000 units. Although the mass recall crisis not affecting Malaysia’s consumers “UMW Toyota would like to emphasize that we have received confirmation from our principal, Toyota Motor Corp, Japan that all Toyota and Lexus models sold by UMW Toyota are not affected by this recall exercise,” a statement by UMW Toyota. However, Toyota’s mass recall crisis affects many of its constituencies.…

    • 2390 Words
    • 10 Pages
    Brilliant Essays
  • Improved Essays

    Toyota Case Study

    • 1084 Words
    • 5 Pages

    Toyota Motor Corporation, one of the most successful companies in the world. It has the glorious history of 80 years, only a few of the peers can defeat it. Toyota is not just a huge business organization but it is also the second family for those employees. Agreed to Gary Johns, “Organization is social inventions for achieving goals through the group efforts” and Toyota as one of the examples of the successful organization, for sure the top management team had put a lot of effort in managing and training their employees to accomplish how to shape a better team behavior and emphasize the importance of teamwork. Teamwork is one of the Toyota’s core values and all Toyota’s employees know that teams are used not only in production but at every…

    • 1084 Words
    • 5 Pages
    Improved Essays