Greentree Financial Corp.-Ala.v.Randolph
The Legal Environment of Business
Abstract
This paper is a brief introduction and discussion about a Supreme Court case- Greentree Corp. Ala. v. Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of the paper. The paper aims at restoring the reality of the case. Citations from the original sources have been listed in the sentences and at the end of the paper.
In consideration of author’s limited knowledge and information sources, there will be inevitable mistakes and errors in the paper, all the criticisms corrected are welcomed by the readers.
Content
Introduction
Background:
Among the liberties secured by the Constitution is the right to have suits at common law decided by a jury (U.S. CONST. amend. VII) .The enactment of the Federal Arbitration Act 2 (FAA) in 1925 produced a critical qualification to this right, allowing commercial entities to agree to resolve a contractual dispute through binding arbitration agreements(9 U.S.C. § 2 (2000)). In Green Tree Financial Corp.-Alabama v. Randolph, the Supreme Court announced that, for consumers, the right to a trial by jury had been further qualified. Even the costs of arbitration are potentially so high as to eliminate the consumer from proving her statutory rights, a contractual agreement to arbitration, even in a contract, is still enforceable (9 U.S.C. § 2 (2000)) p79 “the ‘risk’ that the plaintiff will be saddled with prohibitive costs is too speculative to justify invalidation of an arbitration agreement”). The Court required