Asked by Meira Myers on Jul 29, 2024
Verified
In the case in the text,Duro Textiles,LLC v.Sunbelt Corporation,the court held that a forum selection clause:
A) was incorporated into the parties' contract.
B) materially altered the contract within the meaning of the Code.
C) was not a material term.
D) was prima facie invalid.
Forum Selection Clause
A contract provision that determines the location and jurisdiction in which disputes will be resolved.
Incorporated
The process by which a business takes on legal status as a corporation, which is recognized as a separate legal entity from its owners, with rights to own assets, incur liabilities, and sue or be sued.
Materially Altered
Describes a significant modification to an object, document, or agreement that changes its original condition or intent.
- Identify the function and impact of supplementary conditions in agreements among traders.
Verified Answer
AK
Anastacia KuzminaAug 04, 2024
Final Answer :
B
Explanation :
The court held that the forum selection clause was a material alteration to the contract within the meaning of section 2-207(2) (b)of the Code.Therefore,the provision was not part of the contract between the parties.
Learning Objectives
- Identify the function and impact of supplementary conditions in agreements among traders.