As the vice president of sales for Dunder Mifflin, Inc., a company that manufactures and sells paper to commercial offices, it has come to your attention that there has been an increase in the number of customer complaints concerning your Scranton branch’s service representatives. Of particular importance is the number of complaints that involve claims in excess of thousands of dollars.
Because these large dollar amounts can lead to lawsuits being filed, you want to investigate what is causing the increase in complaints and how Dunder Mifflin can process these complaints to avoid burdensome litigation.
- What steps should you take to discover, in the most accurate and efficient manner, the reasons customers are filing complaints?
- What is the distinction between mediation and arbitration?
- Should Dunder Mifflin’s sales contracts include a clause that requires the parties to attempt resolution of the dispute by mediation? By arbitration? By some other mechanisms?
- If Dunder Mifflin’s sales contracts did include a dispute resolution (other than litigation) clause, when can the courts still be used?
Discussion Topic 2:
Suppose you offer your car for sale. Your car was submerged up to the windows in a flood three years ago, but the car currently seems to be operating fine for you.
A potential buyer asks you, “Has your car ever been in an accident?” If you say “no,” have you committed a misrepresentation? What must happen for a fraudulent representation to occur?
Suppose the person instead asks you “Has your car ever been damaged?” What other types of misrepresentation are there?
If a potential buyer does not ask you any questions regarding the condition of your car, must you voluntarily disclose that your car has been in a flood? Should you? Could a misrepresentation occur by remaining silent?
Would this person be able to rescind a contract due to a misrepresentation or mistake?