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Contracts Keyed to Burton
Hill v. Gateway 2000, Inc.
Citation:105 F.3d 1147
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Rich and Enza Hill (collectively “the Hills”) (plaintiffs) ordered a computer over the phone from Gateway 2000, Inc. (hereinafter “Gateway”) (defendant). The Hills received a package containing the computer and a list of terms that governed the sale unless the computer was returned within thirty days. The terms included an arbitration clause. The Hills kept the computer beyond the thirty-day mark but ended up unsatisfied with the performance and components of the computer. The Hills sued Gateway in federal district court, which declined to enforce the arbitration clause that came within the product packaging.
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