[mythtv-users] SD Subscription Agreement Question
1canuck2 at gmail.com
Wed Aug 15 05:05:56 UTC 2007
oops! What happened there? Might wanna change your root password since
the world now knows it...
On 8/15/07, Anthony Floyd <anthonyfloyd at gmail.com> wrote:
> 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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