[mythtv-users] SD Subscription Agreement Question

[Richard Freeman]

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...