[Pet Pics] Ari Went to Work as an Independent Contracting

question 69

Multiple Choice

[Pet Pics] Ari went to work as an independent contracting photographer for Wild Pet Pics, a company specializing in photographing exotic pets, such as monkeys and snakes, with their owners. The company's home office was in California, but Ari worked in Florida. Before he started work, Ari signed an agreement to arbitrate any dispute he had with the company. The arbitration agreement provided that in the event of a dispute, Ari would completely cover the cost of the arbitration; that he could only receive up to $150 in damages regardless of his claims, punitive or otherwise; and that any arbitration would be conducted at the company's home office. The agreement also provided that the arbitrator was not bound to strictly follow the official court rules of evidence. Ari signed the agreement because he really needed a job and liked animals. His only previous animal photography experience, however, had been with cats and dogs. Ari's contract provided that he would be paid $100 per shoot and that the company would take steps to ensure his safety. One day he was called in to photograph a skunk and its owner. He was told by the receptionist at Wild Pet Pics that the skunk had been altered so that it could not spray. Ari felt safe. Unfortunately, the skunk had not been altered. Just as he was starting to shoot, the skunk became upset. It ran towards Ari, sprayed Ari, and in the resulting commotion, Ari's expensive camera was knocked over and broken. Plus, Ari's clothes were ruined and he stank for days. Ari wants to sue Wild Pet Pics for $5,000 to cover the cost of his camera, his clothing, and his general smelliness for several days. Ari says that he cannot afford to pay for the arbitration.
-What effect will the provision that the arbitration be conducted in the company's home state have on the agreement?

• A) None; only because an employee/employer relationship is involved.
• B) None because Ari freely signed the agreement.
• C) None because a domestic company, not an international one, is involved.
• D) A court will be unlikely to enforce the agreement only if it can be proven that Ari did not read the agreement before he signed it.
• E) A court may be more likely to not enforce the agreement because of the distance and expense involved.

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Definitions:

Converse

In logic, it refers to reversing the direction of a given implication; in geometry, it involves swapping the hypothesis and conclusion of a statement.

Proposition

In logic, a declarative sentence that is either true or false, serving as the building block for constructing arguments.

Converse

In logic, the converse of a statement is the reversal of its subject and predicate, testing different aspects or implications of the original statement.

Proposition

A declarative sentence or phrase that can be either true or false, expressing a basic statement or assertion.