(a)Peak Performance Pontoons Inc. (Plaintiff and Defendant by way of Counterclaim) v. G'day Mate River Rafting Co. Ltd.and Garnett Dundee(Defendants and Plaintiffs by way of Counterclaim)

Facts:PPP Inc. is suing Garnett Dundee personally for breach of contract because his company is insolvent. G'Day Mate is suing PPP Inc. and Benton Counter personally claiming thee skis sold to G'Day Mate were negligently manufactured. Dundee' defence is that he executed the contract for his company and therefore has no personal liability. Counter's defence is that if the skis were negligently manufactured, it was done so by one of the PPP Inc. employees and he is not liable even though he signed the contract. The last portion of the contact is shown below. On the basis of the signature lines to the contract shown below, render the decision.

15. Choice of Law and Choice of Forum

(1)This agreement will be governed in all respects by the law of the Province of British Columbia, to the exclusion of Conflicts of Law.

(2)The application of the Convention on the International Sale of Goods is hereby excluded pursuant to Article 4(2)of the Convention.

(3)The parties agree to attorn to the jurisdiction of the Supreme Court of British Columbia.

16. Counterparts

This agreement may be executed in Counterparts.

17. Entire agreement

This agreement (consisting of paragraphs 1 through 16 inclusive and any supplements and addenda listed in paragraph 15) represents the entire agreement between the parties with regard to the sale of the equipment herein and supersedes all prior oral and written proposals and communications.

CUSTOMERSUPPLIER

Peak Performance Pontoons Inc.

G. DundeePer:Benton CounterGarnet Dundee Per G'day MateAuthorized SignatoryRiver Rafting Co. Ltd.

Judgment (1 mark):

Reasons for Judgment (2 marks):