Case Study Of Florence Hayes's Contract Law

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Based on the relevant background, On May 31, 2005, Florence Hayes was 95 years old, and she was applied and admitted to go to Oakridge, a nursing home in Ohio. In the agreement contract, there was written for whoever signed this form, they agreed to submit any of future malpractice claims against Oakridge to arbitration and waive their right to recover punitive damages and attorney fee (2). Hayes alleged that she had suffered injuries from fall while she was a resident at Oakridge. She assumed directly it was the fault and/or recklessness of Oakridge and/or its officers (3). The trial court ordered both parties to have a voluntary arbitration agreement. Afterwards, Hayes appealed to the Eight District court of Appeals. She argued that the trial court’s judgment was a mistake, because of the fact that the arbitration agreement was unreasonably excessive. Oakridge countered that statement and proved that there was no evidentiary basis for finding that the agreement was unconscionable. ISSUES …show more content…

Firstly, it took away Hayes’ rights to have the attorney fees, punitive damages, and a jury trial. Secondly, Hayes was a 95 year old woman with questionable business or contract experience, so it might be a fact that she didn’t understand about the agreement’s details. Furthermore, it turned out to be Oakridge who had all the bargaining power and advantages of the agreement. Therefore, based on ¶13, the court accepted the jurisdiction to address two issues, whether the resident’s age can become an arbitration agreement executed by the resident procedurally unacceptable, and whether an arbitration agreement that waives the resident’s right to trial and to recover punitive damages and attorney fees

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