[mythtv-users] SD Subscription Agreement Question
anthonyfloyd at gmail.com
Wed Aug 15 04:53:52 UTC 2007
On 8/14/07, Richard Freeman <r-mythtv at thefreemanclan.net> wrote:
> Billy Macdonald wrote:
> >>From my course in law (not a lawyer) forum selection clauses are
> > common parts of contracts and serve a valid purpose.
> > See here for a couple instances of forum selection clause being upheld.
> > http://lawprofessors.typepad.com/contractsprof_blog/2006/10/online_clickthr.html
> Not much detail in that link (copies of the actual judgments would be
> helpful). I imagine that it largely depends on the nature of the clause
> and whether the clause tends to be one-sided or create an undue burden.
> I know that in other cases such clauses have been struck down -
> especially when a clause forces binding arbitration and confidentiality
> in a forum that is unlikely to be neutral.
> It probably also depends on the egregiousness of the tort - if such a
> clause would tend to deny justice in a case that is clearly begging for
> remedy I'm guessing a court would be more inclined to step in.
> I think it all comes down to whether the contract appears to be fair on
> its face. If it doesn't then courts probably won't do much to enforce it...
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