Many companies that conduct transactions via the internet include a forum-selection clause in their on-line agreements....

Many companies that conduct transactions via the internet include a forum-selection clause in their on-line agreements. Discuss the following two questions: Is this fair to consumers who purchase an item over the internet? Should courts enforce the forum-selection clauses in those on-line agreements?

Solutions

Expert Solution

Yes. I think the forum selection clause is fair. In most forum selection clause, the seller chooses arbitration as the method of conflict resolution. This is comparatively a quicker method than lawsuit and thus is beneficial for both parties.

Courts should not enforce forum selection on these on-line agreements. This is because the decision to choose a forum for dispute resolution should be left to the parties who are signing the agreement.

keosha answered 1 year ago

Next > < Previous

Related Solutions

Why would the court choose to enforce a forum-selection clause? What are some reasons that a...

Why would the court choose to enforce a forum-selection clause? What are some reasons that a court would not choose to enforce a forum-selection clause? Do you think forum-selection clauses are fair to plaintiffs? Can you locate a case in your jurisdiction where the court enforced a forum-selection clause and transferred a case to the selected forum?

In its user service agreement, Facebook includes a forum selection clause that requires users with legal...

In its user service agreement, Facebook includes a forum selection clause that requires users with legal disputes to file any lawsuits against Facebook in courts physically located near its northern California corporate headquarters. Review the discussion of this issue in your textbook (Legal Strategy 101, pp. 100-101); then, analyze the following questions: Is forum shopping ethical? What are you using as your ethical standard? Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or...

“I rented a car through price line via the internet. I got a great price for...

“I rented a car through price line via the internet. I got a great price for 10 days at 25$ a day. I reserved the car from Vernon NJ and I was scheduled to pick it up at the Ontario California airport. When I arrived to pick it up the Budget attendant said that priceline cancelled the reservation. I said no problem, I am here so reinstate it. They said sure and asked for $89 per day. I immediately called...

With the rise of technology, many companies have gone to the Internet to find financing for...

With the rise of technology, many companies have gone to the Internet to find financing for their business. For this question, research two "non-traditional" forms of financing and provide their pros and cons.

Many companies use the Internet not only to post job openings, but also to provide potential...

Many companies use the Internet not only to post job openings, but also to provide potential job candidates with information about the company. This allows candidates to decide whether their values and their desired working conditions are a match with what the company can offer. Using the Internet, search for and choose a company with a "careers" page on its Web site. What does the site tell you about the characteristics and values of the company? Do you believe this...

As companies and organizations expand globally, many working teams include members who are geographically dispersed --...

As companies and organizations expand globally, many working teams include members who are geographically dispersed -- located in different cities, states and even countries. Assume that you have been assigned the task of developing a virtual team where the team members are each in a different location. How might you organize, manage, and support this team so that it is successful despite the geographic spread of its members? Identify at least three concrete, specific things that you would do to...

Many companies make annual reports available on their corporate Internet home page. Annual reports also can...

Many companies make annual reports available on their corporate Internet home page. Annual reports also can be accessed through the SEC’s EDGAR system at www.sec.gov (under Filings, click Company Filings Search, type in Company Name, and under Filing Type, search for 10-K). Access the most recent annual report for each of the following companies: Bristol-Myers Squibb Bli Lilly Merck Pitzer Prepare a one-page describtion to the extent to which direct comparisons can be made of the geographic area information provided...

Many publicly listed companies include some segment information in their annual report. Usually this information can...

Many publicly listed companies include some segment information in their annual report. Usually this information can found in their forms 10-K under Item 6: Selected Financial Data and Item 7: Management's Discussion and Analysis. Please pick any company of your choice, find their most recent form 10-K on the internet and summarize the type of segment data they publish. Also provide us with the most important findings you discovered when reading the segment information of your company.

Testing is used by many companies during the recruitment process. Tests could include aptitude, psychological, personality,...

Testing is used by many companies during the recruitment process. Tests could include aptitude, psychological, personality, integrity, and drug testing, to name a few. From the viewpoint of the employer, discuss the pros and cons of 4 types of tests that are used. Discuss the benefits to the prospective employee for undergoing testing as a part of the hiring process. Do you believe a drug test is an invasion of privacy? Provide details.

Automobile insurance companies take many factors into consideration when setting rates. These factors include age, marital...

Automobile insurance companies take many factors into consideration when setting rates. These factors include age, marital status and miles driven per year. To determine the effect of gender, a random sample of young (under 25, with at least 2 years of driving experience) male and female drivers was surveyed. Each was asked how many miles he or she had driven in the past year. The distances (in thousands of miles) are stored in stacked format (column 1= driving distances and...

Subjects