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Fact Pattern 3-2 Ellen Contracts with James to Be Her Stockbroker, Making Stock

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Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. Assume that Ellen sees James' unauthorized actions as the basis for a legal dispute. If she arbitrates, what must she do first?


Definitions:

Tertiary Prevention

Efforts to reduce the impact of an ongoing illness or injury that has lasting effects.

Primary Prevention

A type of prevention practised prior to the biological origin of the disease (for example, immunization). See also secondary prevention and tertiary prevention.

Secondary Prevention

A type of prevention practised after the disease is identified but before it has caused suffering and disability (for example, the control of blood sugar early in the course of diabetes to prevent systemic damage). See also primary prevention and tertiary prevention.

Tertiary Programs

Educational or treatment programs designed to offer specialized and advanced learning or care options, often after primary and secondary options have been exhausted.

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