Forum Selection Clauses And Their Role In Online Contracts

In the case of Carnival Cruise Lines, Inc. v. Shute, the nonegotiated clauses in a form contract were determined to be enforceable under some circumstances. The cruise line had a special interest in limiting the forum that eliminated confusion and saves time and money. The savings could be passed on to customers. The court will examine whether or not there was sufficient notice of the forum selection clause and whether or not there is a great inconvenience.

The following questions have been addressed in this article:

What about the fact that consumers are not able to review the terms prior to their purchase of the tickets?
What is the purpose of alternative dispute resolution?


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