A person R availed internet services from internet service provider company C. She did not agree to the "Terms of services" of the company as neither of the company's URL she received, nor the printed material gave any access to the terms of service. She was also unaware of the clause in terms of service, which stated that in case of any dispute, the case will be submitted to arbitration. To find: The binding force of the clause on the person R depicting settlement of the dispute through arbitration.

Question

Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true? If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted. Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty. The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.

Answer 1

Question

Chapter 12, Problem 3BCP

Summary Introduction

Case summary:A person R availed internet services from internet service provider company C. She did not agree to the "Terms of services" of the company as neither of the company's URL she received, nor the printed material gave any access to the terms of service. She was also unaware of the clause in terms of service, which stated that in case of any dispute, the case will be submitted to arbitration.

To find:The binding force of the clause on the person R depicting settlement of the dispute through arbitration.

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