Management and Organizational Studies 2276A/B Study Guide - Fax

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Document Summary

Eastern power limited v. azienda communale energia, ontario court of appeal. The appeal is a request that the decision be reversed. Deals with the contract law issue of whether or not a fax is accepted as a contract. Facts: azienda comes to toronto, eastern power goes to italy, a letter of intent is signed by azienda and faxed to toronto, Eastern power signs it and faxes it back to rome: a deal was never actually agreed upon, eastern power sued azienda for breach of contact for. Azienda then brought a motion to stay the lawsuit shouldn"t take place in ontario. Eastern power wants compensation for loss of profits which is why they want the lawsuit in toronto. Judge granted the motion to look at ontario on the basis of forum non conveniens grounds (courts may refuse to take jurisdiction in one location, when there is a more appropriate forum available to the parties)