Supreme Court of Delaware

Elia v. Hertrich Family of Automobile

October 23, 2014

Summary

The Court affirmed dismissal of the plaintiff’s claims because the parties were bound by an arbitration agreement requiring arbitration of all claims. It held that the September 23, 2010 sales contract governed because the plaintiff signed it and the parties proceeded under it, and the arbitration provisions were identical across the successive contracts. The Court also explained that the vehicle’s description as having four-wheel drive was not a “written warranty” under the more specific federal statutory definition, although it did not decide whether the statement could constitute a warranty under general contract law.