COMM 393 Lecture Notes - Lecture 3: Forum Selection Clause, King County, Washington, Fiduciary
Document Summary
The plaintiffs claim damages for breach of contract breach of fiduciary duty, misappropriation, and punitive damages of million with an accounting and injunctive relief. Plaintiffs allege microsoft charged msn members and taken payments from their credit cards in breach of contract and microsoft failed to provide reasonable or accurate information concerning accounts. The breached contract is the msn member agreement. Plaintiffs argue the court should not give credence to the forum selection clause . The representative plaintiffs read only portions of the member agreement and thus had no notice of the clause. Plaintiffs argue washington courts are not appropriate for the conduct of this lawsuit. Application: the contract cleared stated the forum selection clause. Law: huddart j. a. for sarabia v oceanic mindoro adopts the view that forum selection classes should be treated the same as arbitration agreements (20). The choice of the parities should be respected unless there is strong cause to override the agreement (21).
