Business 10 Sec EN1 Week 2 Discussion | chatbot las positas community college
Business 10 Sec EN1 Week 2 Discussion | chatbot las positas community college
Discussion -
Chapter 3, 4, and 5
Welcome to the week 2 discussion.
You have one case to review and respond to. Use the law to
support your views on the following case.
John Wilson, owner of Wilson Construction Company, and Andrew
Carrigan, owner of Carrigan Brick and Masonry, Inc., are at odds regarding a
construction contract between the two companies. Wilson claims that
Carrigan breached the contract due to non-performance of certain masonry work;
Carrigan defends on the basis that Wilson did not permit him adequate access to
the worksite in order to complete the work by the designated contract
deadline. Wilson claims liquidated damages as a result of the breach; the
contract stipulates that upon breach, the non-breaching party is entitled to
$1,000 in damages for every day the work is not performed beyond the contract
deadline.
Wilson is considering mediation or arbitration as an alternative
to civil litigation, but he is concerned that “justice may not be served” if he
submits to a method of alternative dispute resolution. Are his concerns
justified? Is justice better guaranteed if Wilson and Carrigan litigate their
case? Is mediation or arbitration actually preferable to civil litigation?
Regardless of what disputing parties prefer, should court systems require that
plaintiffs and defendants submit to arbitration or meditation before being
entitled to their “day in court?”