Vermont Arbitration Agreement Between Operator and Nonoperator

State:
Multi-State
Control #:
US-OG-722
Format:
Word; 
Rich Text
Instant download

Description

This agreement is used when questions, differences, or disputes arise with regard to any of the Operator and Nonoperator agreements or the operations of the Leases.
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FAQ

Vermont negligence laws follow the doctrine of modified comparative negligence.

No person shall turn a vehicle in order to proceed in the opposite direction on any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction for a distance of 500 feet.

Although arbitration is encouraged as a preferred method of resolving disputes, arbitration agreements may be deemed unenforceable by courts where they are found to violate basic contract principles or exhibit traits of unconscionability. Armendariz v. Foundation Health Psychcare Services, Inc.

(a) The operator of a motor vehicle who has caused or is involved in a crash resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control, shall immediately stop and render any assistance reasonably necessary.

The general rule in Vermont is that driving more than 30 mph over the speed limit is a criminal act which will result in being arrested, the car being towed and having to appear in court. These cases are typically prosecuted as Negligent Operation or Excessive speed or both.

(1) A person who operates a motor vehicle on a public highway in a negligent manner shall be guilty of negligent operation. (2) The standard for a conviction for negligent operation in violation of this subsection shall be ordinary negligence, examining whether the person breached a duty to exercise ordinary care.

A party is deceived, intimidated, or coerced during the execution of the arbitration agreement and requests a declaration that such arbitration agreement is invalid; and. The arbitration agreement violates prohibitions specified by the law.

The Court of Appeals made clear that an arbitration clause need not always been signed by both parties in order to be enforceable. The Court can look to other factors to determine whether there was assent to the arbitration clause. Whether arbitration is in your best interest is case specific.

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Vermont Arbitration Agreement Between Operator and Nonoperator