Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Wilson, a resident of Maryland, bought a boat from RoseAnn, a resident of South Carolina. The boat was registered in South Carolina. The sale took

Wilson, a resident of Maryland, bought a boat from RoseAnn, a resident of South Carolina. The boat was registered in South Carolina. The sale took place in New York where both Wilson and RoseAnn negotiated and signed the sales contract. Wilson and RoseAnn specified in the contract that, "This agreement shall be governed and interpreted by the laws of the state of Arkansas."

Wilson took possession of the boat and returned home to Maryland. After using the boat only twice, Wilson discovered the boat's engine had mechanical problems. Wilson wants to sue RoseAnn to get his money back.

Wilson filed the lawsuit in New York. (HINT: You are not being asked what law the forum state will use if the parties made an ineffective choice of law.)

Instructions:

1. Analyze and identify which state is the forum state in Wilson's case and why.

  • Explain the meaning of forum state in the analysis

2. Analyze whether Arkansas hasa substantial relationship with the parties/contract so that the forum state will apply the parties' choice of law, and why.

  • Explain and apply the party autonomy rule to support your conclusions

3. Assume that in the sales agreement between Wilson and RoseAnn, the boat was was registered in Georgia, rather than South Carolina.

  • Evaluate and explain whether this would change the forum state in Wilson's case and why or why not.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Corporate Financial Accounting

Authors: Carl S. Warren, James M. Reeve, Jonathan E. Duchac

12th edition

1305041399, 1285078586, 978-1-133-9524, 9781133952428, 978-1305041394, 9781285078588, 1-133-95241-0, 978-1133952411

Students also viewed these Law questions