Questions: [MINDTAP Hypotheticals 15.1 Assignment: Apply: Brief Hypotheticals 15.1 Assignment Score: 93.75% Save Submit Assignment for Grading Question 16 of 16 cl4614thch15.16m Check My Work Margaret signs a contract to purchase a new car, and on the back side of the agreement in fine print too small to read, Margaret agrees to waive her right to a jury trial and submit to mandatory arbitration, with Margaret paying all of the costs of arbitration in the event of a dispute. Margaret files suit over the condition of the vehicle, and the dealer files a motion to compel arbitration. The court will likely: O a. enforce the mandatory arbitration provision. O b. refuse to enforce the mandatory arbitration provision. O c. require Margaret to pay all of the costs of arbitration. O d. allow Margaret to return the vehicle to the dealer in return for the monies paid to the dealer. Check My Work]

The answer is b. refuse to enforce the mandatory arbitration provision.

While courts generally enforce arbitration agreements, they may refuse to do so if the agreement is deemed unconscionable or if it was not clearly communicated to the party. In this case, the arbitration clause was in fine print too small to read, which could be considered procedurally unconscionable.

Courts may refuse to enforce arbitration provisions if they are found to be unconscionable or if the party did not have a fair opportunity to understand the terms. The fact that the clause was in fine print and not easily readable suggests that Margaret may not have been aware of the waiver of her rights, making it likely that the court would refuse to enforce it.

This option is unlikely because if the court finds the arbitration provision unenforceable, it would not require Margaret to pay the costs associated with arbitration.

This option does not directly address the issue of the arbitration provision. The question is about whether the arbitration clause will be enforced, not about the resolution of the underlying dispute regarding the vehicle's condition.