Law 2101 Lecture Notes - Lecture 15: Forum Selection Clause, Unconscionability
Document Summary
Standard form contracts: typically contain an exclusion clause, excludes or limits one party"s liability. This policy does not insure loss caused by criminal act of the insured": bungee release, jumper assumes all risk and the company is not responsible for any injury. Incorporation issue: has the exclusion clause been incorporated into the contract, can be through signature or notice. Rudder v. microsoft corp: plaintiffs were two canadian law students who entered into online contracts to receive. Msn services: plaintiffs sued microsoft in ontario but had forum selection clause, plaintiffs didn"t read clause and said it should be treated like fine print, held that terms not in view on screen are not fine print. Incorporation issue: refers to notice and unsigned documents. Parker v. south eastern railway co: parker deposited bags in cloak room and received a ticket, ticket said see back and said company is not responsible for package exceeding.
