Legal Question in Business Law in Nevada

I bought a computer, it stated that I must agree to the terms to continue installation. One of the provisions required that any disputes arising under the agreement be submitted to binding arbitration. Is this claude valid? and do I have any starutory rights and protections?


Asked on 8/02/12, 3:47 pm

1 Answer from Attorneys

John Courtney John Peter Lee, Ltd.

These types of take-it-or-leave-it agreements are often referred to as adhesion contracts. Some court will enforce them, and some courts will not. Often, various courts within the same jurisdiction will come up with different and contrasting decisions whether such clauses are enforceable. Also, the nature of the facts underlying your dispute could be determinative. In Nevada, however, courts generally will not dismiss a complaint even if the court deems the arbitration clause to be valid. Instead, the court will compel the parties to arbitration and maintain jurisdiction for the purpose of confirming judgment and for issues related to equity, such as, for example, making determinations on motions for injunctive relief. So, you can bring an action in Nevada, but your action may lead you to an arbitration anyway.

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Answered on 8/03/12, 4:10 pm


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