Contracts Keyed to Knapp
Burch v. Second Judicial District Court of Nevada
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff purchased a home developed and constructed by Defendant. Four months after closing, Plaintiff received a thirty-one page warranty booklet from Defendant. At the Defendant’s request, Plaintiff signed the booklet. However, Plaintiff did not read the booklet. The warranty booklet included a provision requiring all disputes arising from the warranty to be settled through binding arbitration. The arbitration provision was located on page six of the booklet, following five pages of provisions only applicable to non-Nevada residents. Defendant told Plaintiff the warranty was issued automatically and gave them greater protection. In fact, the warranty actually limited the protection available to them under Nevada law. The provision also granted Defendant the exclusive right to decide the rules governing the arbitration and select the arbitrator. Plaintiff experienced problems with the home. Defendant offered to provide some, but not all, of the remedial work requested by Plaintiff. Plaintiff filed a claim seeking damages. The trial court granted Defendant’s motion to compel arbitration. In the present case, Plaintiff is seeking a writ of mandamus to compel the trial court to vacate its order compelling arbitration.
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