Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

تمرين 13

Sandra Menefee sued Geographic Expeditions, Inc. (GeoEx), for the wrongful death of her son while on a GeoEx expedition up Mount Kilimanjaro. GeoEx moved to compel arbitration under the parties' limitation of liability contract. GeoEx designed its arbitration clause to limit the plaintiffs' recovery and required them to indemnify GeoEx for its legal costs and fees if they unsuccessfully pursued any claim covered by the release agreement. Moreover, GeoEx required that plaintiffs pay half of any mediation fees and arbitrate in San Francisco, GeoEx's choice of venue, as opposed to the plaintiffs' home in Colorado. Should the court require the Menefees to arbitrate If any component of the arbitration clause is found to be unconscionable, should the court simply sever the objectionable provision and enforce the remainder of the arbitration clause [ Lhotka v. Geographic Expeditions, Inc., 104 Cal. Rptr. 3d 844 (Cal. App. 2010)]