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[DOWNLOAD] "Ayers v. Prudential-Bache Securities Inc." by Colorado Court of Appeals No. 86CA0606 * Book PDF Kindle ePub Free

Ayers v. Prudential-Bache Securities Inc.

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eBook details

  • Title: Ayers v. Prudential-Bache Securities Inc.
  • Author : Colorado Court of Appeals No. 86CA0606
  • Release Date : January 09, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Opinion by JUDGE SMITH Prudential-Bache Securities, Inc., (Prudential) appeals the district court's order which denied its
motion to compel arbitration of plaintiffs' claims of fraud, breach of fiduciary duty, and outrageous conduct with respect
to Prudential's handling of their brokerage account. The trial court based its ruling on the premise that the right to a court
proceeding is a fundamental right which can only be waived knowingly and voluntarily. We reverse the order entered. There is no dispute that plaintiffs signed customer account agreements which contained broad arbitration clauses. However,
they alleged fraud in the inducement of those contracts. More specifically, they claimed that Prudential's employee told them
that the signing of the agreements was just a formality. Plaintiffs admitted that they did not read the agreements before
they signed them. They brought this action when, contrary to Prudential's alleged representation, instead of growing at a
rate of $1,000 per month, their accounts suffered a $45,000 loss. Prudential did not present any evidence.


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