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Contracts Keyed to Ayres
Rich Hill v. Gateway 2000
Citation:
105 F.3d 1147.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Defendant (Gateway) was in the business of selling computers, and the Plaintiff (Hill) purchased one. The transaction model involved first a buyer calling in to order a computer and making payment, followed by a shipment of the computer with additional terms. The terms are said to govern unless the customer returns the computer within 30 days. The terms included a mandatory arbitration clause. The Plaintiffs did not return the product within 30 days, but argues that the terms were additional terms that did not form part of the contract.
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11m 57s
