Table of Contents________________________________________
Overview 3
Issue 4
Rule 4
Analysis 5
America Online, Inc. v. Pasieka 5
Bremen v. Zapata Off-Shore Co. 5
Bruce G. Forrest v. Verizon Communications Inc. and Verizon Internet Services, Inc. 6
Carnival Cruise Lines, Inc. v. Shute 7
Dix v. ICT Group Inc. 8
Garware Polyester, Ltd. v. Intermax Trading Corp. 9
Groff v. America Online, Inc. 10
Other Cases 11
Conclusion 12
Bibliography 13
Overview
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The legal topic at hand is the forum-selection clause. This clause comes from the Uniform Computer Information Transactions Act article 2b section 110. The forum selection clause limits jurisdiction for the parties who enter into an agreement containing the clause. The enforceability of the forum selection clause came to question through the case of Bremen v. Zapata Off-Shore Co in 1972. Despite having a forum-selection clause, courts refused to decline jurisdiction on the basis of forum non convenience. Bremen v. Zapata Off-Shore Co is a precedent setting case which is now used frequently as a way to work around the necessity to adhere to a forum-selection clause. Now the question has arose, what happened to the strength of the forum-selection clause particularly for online based agreements.
Online based contracts are supposed to be held to the same standard as that of their counterpart print contract. However it has become apparent that this is not the case and th ...