If the Parties Include an Arbitration Agreement in Their Contract

question 9

Essay

If the parties include an arbitration agreement in their contract for the sale of property, is the arbitration agreement enforceable even though the parties did not know at the time they included the arbitration clause? What disputes might arise under their sales agreement? Why?

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Definitions:

Extinction

In psychology, the diminishing of a conditioned response, typically when the conditioned stimulus is no longer paired with the unconditioned stimulus.

Repeated Pairings

A concept from behavioral psychology where repeated association of two stimuli results in the learning or conditioning of a response.

Prior Linking

The process of establishing a connection or association between concepts or items in memory before they are encountered again, facilitating recall or recognition.

Masked Branding

A marketing strategy where a brand deliberately conceals its direct association with a product or service to appeal to a different consumer segment or to test new markets.