Law, Business, and Society 9th Edition by Tony McAdams

Exercise 19

Enza and Richard Hill ordered a Gateway 2000 computer by telephone and paid by credit card. The computer was delivered in a box that also contained the terms of sale. Those terms were to be effective unless the computer was returned within 30 days. Among those terms was a clause providing for arbitration of any problems. The Hills kept the computer for more than 30 days before complaining about its performance and components. They filed suit, and Gateway argued that the arbitration clause should be enforced. The Hills conceded that they noticed the statement of terms, but they did not read those terms closely enough to notice the arbitration provision. Should the arbitration clause be enforced Explain. See Hill v. Gateway 2000, 105 F.3d 1147 (7th Cir. 1997); cert. den. 522 U.S. 808 (1997).