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Contracts Keyed to Summers
Hill v. Gateway 2000
Citation:105 F.3d 1147
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Rich and Enza Hill (collectively “the Hills”) (plaintiffs) ordered a Gateway 2000 (“Gateway”) (defendant) computer system by telephone. The computer arrived in a box, which also contained a list of terms that were said to govern unless the customer returned the computer within 30 days. The Hills noticed the terms but did not read them closely enough to see that they contained an agreement to arbitrate. The Hills kept the computer for more than 30 days before complaining about the product’s performance. The Hills sued Gateway for RICO violations because of the computer’s shortcomings. Gateway sought to enforce the arbitration clause contained in the list of terms included in the product packaging.
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