1 ABC Inc contracted XYZ LLC to lease certain real property

1. ABC Inc., contracted XYZ LLC to lease certain real property on behalf of a client. ABC emailed the landlord a separate agreement for the payment of ABC\'s commission. The landlord emailed it bak with a separate demand to pay the commission in installments. ABC revised the agreement and emailed a final copy to the landlord. Do the parties have an agreement that qualifies as a writing under the Statute of Frauds? Explain.

2. Benson suffered from dementia and chronic confusion. When he became unable to manage his own affairs, including decisions about medical and financial matters, his son Eddie arranged for Benson to move to an assisted living facility. During admission, he signed a residency agreement, which included an arbitration clause. After he sustained injuries in a fall at the facility, a suit was filed to recover damages. The facility asked the court to compel arbitration. Was Benson bound to the residency agreement? Explain.

Solution

2. Arbitration clause in the residency agreement is binding. Courts have allowed these clauses in assisted living residency agreements. Any arbitration clause in a contract requires the parties to resolve their disputes through an arbitration process. Thus if benso had signed the residency agreement with arbitration clause it is binding.