The defendant, Legendary Marine Sales, is a Florida corporation having places of business in Destin, Florida, and Orange Beach, Alabama, and is a dealer for several boat manufacturers, including Fountain Powerboats of Washington, North Carolina. The defendant is primarily engaged in the business of selling new and used boats. In March and April of 2002, the defendant had approximately twenty-five employees, and sold about twenty-five boats a month. Of the defendant's sales, approximately eighty per cent were to Florida residents; fifteen per cent were to residents of Alabama and Georgia; and the remaining sales were to residents of a few nearby southern States.

The defendant has never maintained offices, nor has been represented by any agents or employees, in Massachusetts. The sale to the plaintiffs (see below) is the only sale the defendant ever made to a Massachusetts resident. The defendant does not advertise in any media specifically aimed at Massachusetts. The defendant advertises boats for sale in Boat Trader, an advertising booklet distributed in the North Florida area, and also advertises on Boat Trader's Web site.

The plaintiffs (William A. Roberts and William C. Roberts) are Massachusetts residents. In March, 2002, the plaintiff William A. Roberts viewed an advertisement placed by the defendant on Boat Trader's Web site. The advertisement stated:

"1999 38' Fountain Lightning with Twin 500 EFJ's/Never Titled/This Boat lists at over $280,000/Watch the competition disappear in your mist/THIS COULD BE THE BUY OF A LIFETIME/ONLY TEN HOURS ON BOAT /Make an offer."

The advertisement indicated that the boat was located at the defendant's place of business in Destin, Florida.

William A. telephoned the defendant about the boat. He spoke with John Hodskins, the defendant's designated sales representative for Fountain Powerboats. William A. informed Hodskins that he lived in Massachusetts and wanted to purchase a boat that he would use and store in Massachusetts. Hodskins repeatedly referred to the advertised boat as "new," and stated that there were only ten hours of use on each engine on the boat.

Several telephone conversations and e-mail communications between William A. and Hodskins followed. Eventually William A. agreed, on the telephone, to purchase the boat for $150,000. The defendant mailed a purchase agreement to William A. in Massachusetts.

William A. signed the agreement and mailed it back to the defendant in Florida. The plaintiffs sent payment to Florida.

During negotiations, the plaintiffs' financing agent required a boat survey or inspection. William A. hired a Florida boat surveyor, one recommended by the defendant, to examine the boat in Florida. The surveyor informed the plaintiffs of several defects and problems, all of which the defendant promised to remedy.

William A. hired an independent contractor from Florida, one recommended by the defendant, to take possession and transport the boat from Florida to Massachusetts. Soon after the boat was delivered to Massachusetts in June, 2002, William A. had it serviced and learned that many of the defects and problems had not been corrected. In addition, William A. was informed that the boat had a broken fuel pump and other mechanical problems, and that the actual hours on the boat's engines were seventy-four and seventy-six hours, respectively.

QUESTIONS:

Identify three facts that you think the plaintiff (Roberts) might use in a lawsuit against the defendant Marine Sales.

Should Roberts bring his lawsuit against Marine Sales in Massachusetts or Florida?

Identify three facts supporting the idea that the lawsuit should be brought in a Massachusetts court.

Identify three facts supporting the idea that the lawsuit should be brought in a Florida court.

What is/are the source(s) of law the court would have to look to in order to decide which state is the correct place for the lawsuit to be brought? (Constitution? Common law ? A statute? A regulation? )