[mythtv-users] SD Subscription Agreement Question
r-mythtv at thefreemanclan.net
Wed Aug 15 01:20:53 UTC 2007
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.
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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