Court Finds Arbitration Agreement Presented on Tablet Computer Ambiguous, Unenforceable

March 8, 2021 | Aging Services Risk Management


The daughter of a resident being admitted to an aging services facility signed both an admission agreement and an arbitration agreement on a tablet computer but was presented with only the signature pages. However, the signature pages of the two agreements provided conflicting statements about whether the parties agreed to preserve the right to a bench trial or waive all rights to a trial, making the arbitration agreement ambiguous. Thus, the Court of Appeals of North Carolina has affirmed denial of the defendants' motion to compel arbitration, letting the proceedings continue against them.

The resident had been living at an assisted-living facility for five years. She had Parkinson disease, Lewy body dementia, and a history of stroke. When her daughter realized that the resident required a higher level...

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