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Mary DeFontes bought a computer and a service contract from Dell Computers Corp. DeFontes wascharged $950.51, of which $13.51 was identified on the invoice as “tax.” This amount was paid to thestate of Rhode Island. DeFontes and other Dell customers filed a suit in a Rhode Island state courtagainst Dell, claiming that Dell was overcharging its customers by collecting a tax on service contractsand transportation costs. Dell asked the court to order DeFontes to submit the dispute to arbitration. Dellcited its Terms and Conditions Agreement, “ which provides in part that by accepting delivery of Dell’sproducts or services, a customer agrees to submit any dispute to arbitration. Customers can view thisagreement through an inconspicuous link at the bottom of Dell’s website, and Dell encloses a copy withan order when it is shipped. Dell argued that DeFontes accepted these terms by failing to return herpurchase within 30 days, although the agreement did not state this. Is DeFontes bound to the “Terms andConditions Agreement?” Should the court grant Dell’s request? Why or why not? (DeFontes v DellComputers Corp., A.2D (R,1,2004)In responding to the question be sure to: Discuss when a court or will/will not enforce a shrink-wrap agreement. Discuss when a court will enforce an arbitration agreement. Analyze the facts of our scenario and conclude as to whether or not DeFontes will be successfulin her lawsuit against Dell.
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