Masons New Car Essay
15 Aug 15
1. Decide whether this court should hear this case or dismiss the case and direct the parties to binding arbitration in accordance with the Retail Buyer’s Order. Support your response.
An alternative dispute resolution is any formal or informal process used to settle disputes without resorting to a trial. There are three types of alternative dispute resolution one mediation that entails a neutral third party that navigates disputing parties towards a voluntary settlement. Second, arbitration is similar to mediation but has the authority to enforce a binding decision. The third of alternative dispute resolution are negotiation these are discussions …show more content…
This retail buyers order states that disputes and or differences of every kind that may arise leading to the sale or the terms and provisions of the sale shall be settled by binding arbitration. Also including the provision approved financing but if not approved buyer must return the vehicle immediately. Mrs. Mason failed to sign any of the vehicle documents thus is not under any contact. When R&G failed to fulfill the financing from Mr. Mason, this becomes a case of an executory contract that one or more people have not satisfied its obligation.
3. Decide one (1) of the other remaining issues presented. That is, decide whether R&G committed the tort of conversion with the 1990 van, or whether the Masons were unjustly enriched by the use of the new car, or whether the Masons committed fraud and should be estopped from recovering the value of the van.
Conversion definition is a civil mistake in which one converts another’s property as their own for use. The four elements of conversion are that the plaintiff owns or has the right to keep the personal property in question at the time of the interference. Second that the