Question
Bright-shine is a wholesaler of diamonds based in New York City, New York. Agent Extra based in California, is the promotional agency for Rihanna, and
Bright-shine is a wholesaler of diamonds based in New York City, New York. Agent Extra based in California, is the promotional agency for Rihanna, and wants to help her shine bright like a diamond, so it places orders, totalling millions of dollars, for loose diamonds with Bright-shine by telephoning and negotiating the terms for the diamond purchases. Bright-shine then sent the diamonds to Agent Extra with an invoice that stated you consent to the exclusive jurisdiction of the courts of New York. When Rihanna tells Agent Extra to stop buying diamonds and two orders from Bright-shine to Agent Extra totalling $64,000 go unpaid, Bright-shine files a suit against Agent Extra alleging breach of contract. Agent Extra files a motion to dismiss the suit for lack of personal jurisdiction, contending that the forum-selection clause contained in the invoice was non-binding as the parties had not contracted to it. Pursuant to the UCC, the court should
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Find that Agent Extra is not bound by the forum-selection clause on the invoice
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Enforce Bright-shines forum-selection clause
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Tell Rihanna to step up and chip in for the diamonds
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Move the case to Alaska state court
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