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Monday, July 08, 2013

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Jon McClanahan, UNC School of Law

While this result may not be surprising, I think that this type of argument could gain traction in the right jurisdiction depending on how the terms are drafted. If the agreement allows the offeror to make unilateral changes to too many aspects of the agreement, there's a strong argument that there is no contract at all. A problem could arise, however, if the modification terms are more specifically tied to the arbitration clause itself. If that's the case, I worry this would end up going the same way as Concepcion--the jurisdiction would be invalidating the provision because it's related to arbitration, and thus impeding the objectives of the FAA.

Louise

(the sole of generosity, Mother Theresa nods approvingly in heaven)
--------------------
Mr. Bland, please use your "Spell-check” feature.
Travelocity may be a corporate "heel" but Mother Theresa has her "Soul" in Heaven, not her shoe.

This remark that your writing prompted can be shared with many others who wrote hurriedly before you and ignored the spell-check too.
Let us preserve the clean image of legal writing, it may be incomprehensible to most but at least it should be written accurately.

P.S. I do agree with what you wrote

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