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The contract provided that, between the parties, there was an agreement for a drilling rig to be towed from Louisiana to Italy. The contract included
The contract provided that, between the parties, there was an agreement for a drilling rig to be towed from Louisiana to Italy. The contract included a forum selection clause stating that disputes would be settled by a court in England. When a storm forced the towing party to make land in Tampa, Florida, the other party sued there. The lower courts refused to uphold the forum selection clause. Based upon your reading in the chapter and the Kedkad case, what is the likely outcome? a. A court will enforce the forum selection clause unless the party seeking to avoid it could meet the high burden of showing it to be unreasonable or unjust. b. A court will not enforce the forum selection clause because they never enforceable. c. A court will enforce the forum selection clause because they are always enforceable. d. A court will not be able to render a decision and both parties will lose
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