Asked by Meira Myers on Jul 29, 2024

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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.
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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.