Forum selection clause hypo
1. Website: Law Students; come and study in warmth and peace in Daytona Beach!
Studios and one bedrooms; high speed Internet connection; nonstop flights; air
conditioning; no recreational facilities to distract you"
2. Special deal for Chicago-Kent Students
No high speed Internet; flaky dialup @ $1/min
Two stops, CVG and ATL
Beer bash every afternoon; snorkeling, sailing
No air conditioner; 85 degrees
How many different places?
Forum selection clauses
a. Agree to sue in FL
(i) Student sues in IL
(ii) Organizer sues in IL
b. Agree to sue in Papeete Tahiti/Khandahar, Afghanistan
Restatement (Second) of Contracts § 208
Common law: no one in his right mind would have entered into it English case: "such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other;" damages were then limited to those to which the aggrieved party was "equitably" entitled. Hume v. United States, 132 U.S. 406 (1889), quoting Earl of Chesterfield v. Janssen, 2 Ves.Sen. 125, 155, 28 Eng.Rep. 82, 100 (Ch.1750)"
d. Modify Fed.R.Civ.P.
(i) no discovery
(ii) 3-person jury
e. trial by combat
f. 3d party beneficiary
g. Arbitration agreement
" re arbitration
" creature of contract
" typically 1-3 arbitrators
" typically AAA or London Ch of Commerce
" typically no discovery
" tykpically rules of evidence
" typically not open to public
" judicial enf't with very little review
3. Choice of law clause - Sharia Law
4. How "ouster"? Why not just consent?
5. Depositor's agreement: litigate in Hong Kong
6. Litigate in court of Islamic Republic of Iran?
7. Swiss bank: litigate in commercial court in Zurich
8. Same facts as Carnival Cruise except ferry service in SFO; ferry service in Seattle?
9. Trial by combat hypothetical