Carnival Cruise Lines v

Carnival Cruise Lines v - Ct. of app. Reversed claiming...

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Carnival Cruise Lines v. Shute US Sup Ct. (1991) J. Blackmun p. 389 FACTS : Shutes bought two 7 day cruise tickets for a Carnival Cruise through a Wash. State travel agent. Each ticket had a contract provision on the back that stated that all matters would be litigated in FL. Mrs. Shute injured herself on the cruise and subsequently filed suit in Wash. Fed ct. D. moved for summary judgement and dis ct. approved b/c of the forum selection clause on the ticket.
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Unformatted text preview: Ct. of app. Reversed claiming that Carnival availed itself to Wash. ISSUE: Whether a forum selection clause on a cruise ticket is enforceable. HELD: Yes. Judgment reversed. RULE: The form contract was standard for the industry and there was no evidence that the D. created the forum-selection clause to deter litigation, rather to specify a forum so that savings in litigation could be passed on to the customer....
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