Management and Organizational Studies 2276A/B Study Guide - Midterm Guide: Legal Personality, Cybersquatting, Online Gambling

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Desmond Mc Keon

Document Summary

The agreement in this case is a preface for a much larger agreement. Letter of intent was faxed to ontario, signed, then sent back to rome. Relationship breaks down, eastern sends invoice to azienda for 000 which they refuse to pay. Eastern then sues for expected profits if the deal went through for > 000 (sued in ontario because italy doesn"t allow you to sue for lost profits) This case is an appeal to the motion granted to azienda, to dismiss the case based on lack of jurisdiction. Postbox rule would mean contract should be in ontario, general rule would mean it should be in italy. Forum non conveniens: the court will not hear a case if another forum is clearly more convenient (paragraph. Note: forum non conveniens is a discretionary test only applied once jurisdiction is proved. Assumed jurisdiction is the first and separate test. Page 3 sets out rules on how to decide forum non conveniens.