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Agreement to Arbitrate
Agreement to Arbitrate Cartoons

Agreement to Arbitrate

Rent-A-Center v. Jackson; The Federal Arbitration Act puts arbitration agreements on equal footing with other contracts, and requires courts to enforce them according to their terms; unconscionability challenges.
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Related Cartoons

Price Setting
Price Setting
Casserlie v. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination
U.C.C.
U.C.C.
Central Washington Refrigeration, Inc. v. Barbee; Uniform Commercial Code; indemnity actions are governed by separate statute of limitation; implied right of indemnity; separate equitable cause of action; UCC.
Stated Income Loan
Stated Income Loan
In re Dixon Ford; stated income mortgage; holder in due course; mortgage application fraud; loan application altered income stated.
Financing Statement Search
Financing Statement Search
In re John\'s Bean Farm of Homestead, Inc.; bankruptcy; wrong name; computer search string; incorrect identification of a debtor on a financing statement is seriously misleading.
Mere Puffery
Mere Puffery
In re Toshiba America HD DVD Marketing and Sales Practices Litigation; express warranty is not created by mere puffery; a statement about future performance may create express warranty if it is an affirmation or representation. performance.
Breach of Warranty
Breach of Warranty
Mydlach v. DaimlerChrysler Corp.; Magnuson-Moss Warranty Act; breach of warranty claim; statute of limitations; repair claims do not accrue upon delivery of the product.
Four Corners Rule
Four Corners Rule
Hemenway v. Peabody Coal Co.; The meaning of a contract must be found within its four corners; four corners rule.
Oral Promise Unenforceable
Oral Promise Unenforceable
Marmer v. Kaufman; Oral promises are unenforceable for lack of consideration where the promisor receives no benefit by enforcement of the promise and the promisee suffers no legal detriment.
Gift is Not Consideration
Gift is Not Consideration
Pennsy Supply, Inc. v. American Ash Recycling Corp.; The bargain theory of consideration does not actually require that the parties bargain over the terms of the agreement; rather, a promise and a reciprocal conventional inducement.
Nonconforming Tender
Nonconforming Tender
Bartus v. Riccardi; seller may substitute a conforming tender if he had reasonable grounds to believe that the nonconforming tender would be accepted and he seasonably notifies the buyer of his intention to substitute conforming tender.
Shrinkwrap Agreement
Shrinkwrap Agreement
DeFontes v. Dell, Inc.; Arbitration is a matter of contract and a party cannot be required to submit to arbitration unless agreed. Under the UCC, contracts for the sale of goods may be formed in any manner sufficient to show agreement.
Reward for Police Officers
Reward for Police Officers
Gray v. Martino; Public policy and sound morals alike forbid that public officers should demand or receive, for services performed in the discharge of their official duties.