1. A Question of EthicsDispute-Settlement Provisions. Dewayne Hubbert, Elden Craft, Chris Grout,…

1. A
Question of EthicsDispute-Settlement Provisions. Dewayne Hubbert, Elden Craft, Chris Grout, and Rhonda Byington
bought computers from Dell Corp. through its Web site. Before buying, Hubbert
and the others configured their own computers. To make a purchase, each buyer completed
forms on five Web pages. On each page, Dells Terms and Conditions of Sale
were accessible by clicking on a blue hyperlink. A statement on three of the
pages read, All sales are subject to Dells Term[s] and Conditions of Sale,
but a buyer was not required to click an assent to the terms to complete a

1. A
Question of EthicsDispute-Settlement Provisions. Dewayne Hubbert, Elden Craft, Chris Grout, and Rhonda Byington
bought computers from Dell Corp. through its Web site. Before buying, Hubbert
and the others configured their own computers. To make a purchase, each buyer completed
forms on five Web pages. On each page, Dells Terms and Conditions of Sale
were accessible by clicking on a blue hyperlink. A statement on three of the
pages read, All sales are subject to Dells Term[s] and Conditions of Sale,
but a buyer was not required to click an assent to the terms to complete a
purchase. The terms were also printed on the backs of the invoices and on
separate documents contained in the shipping boxes with the computers. Among
those terms was a Binding Arbitration clause. The computers contained Pentium
4 microprocessors, which Dell advertised as the fastest, most powerful Intel
Pentium processor available at that time. Hubbert and the others marketing was
false, misleading, and deceptive. The plaintiffs claimed that the Pentium 4 microprocessor
was slower and less powerful, and provided less performance, than either a
Pentium III or an AMD Athlon, and at a greater cost. Dell asked the court to
compel arbitration. [Hubbert v. Dell Corp., 359 Ill.App.3d 976, 835
N.E.2d 113, 296 Ill.Dec. 258 (5 Dist. 2005)] (See E-Contracts.)

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