The plaintiff, a U.S. citizen, entered into an employment contract with the German firm of Stumm Handel, the defendant. The contract was written entirely in German. Without being able to speak or read German, the plaintiff signed the contract. He never received an English language version. However the terms of the contract were explained to him in English. One of the terms of the contract, known as a "forum selection clause," provided that any disputes that might arise between the parties would be settled in the courts of Germany. Later, when the parties reached a disagreement, the plaintiff brought this action against the defendant in the United States, contending that his failure to understand German rendered the forum selection clause invalid.
1. Why did Gaskin claim that he was not bound by the forum selection clause included in the contract to which he agreed?
2. In business, is a party to contract negotiations obligated to provide translation services to other parties?
3. If the parties to a contract execute two copies of a contract, one in each language, which is the operable and effective document?