Carnival Cruise Lines, Inc. v. Shute

Carnival Cruise Lines, Inc. v. Shute - Civil Procedure 10/9...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Civil Procedure 10/9 Consent as a Substitute for Power Carnival Cruise Lines, Inc. v. Shute, U.S. Supreme Court, 1991 Facts : The Shutes bought cruise tickets through a travel agent in Washington. The cruise left from California. The agent then forwarded the money to Florida where Carnival was based. The tickets came with a contract that required all disputes to be settled in Florida courts and not any others. The Shutes sued in Washington. Procedure : Appeals court found for Shute – that they could sue in Washington. Issue : whether the Appeals court correctly refused to enforce a forum-selection clause contained in tickets issued by Carnival to Shute. Holding : 9 th Circuit erred in refusing to enforce the forum-selection clause. Rule : mandatory forum selection clauses are acceptable as long as they’re reasonable and don’t violate principles of fundamental fairness. Dissent : Hoffheimer Notes : Plaintiffs can definitely sue in Florida because that’s where courts have general
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/10/2011 for the course LAW 503 taught by Professor Hoffheimer during the Fall '08 term at Ole Miss.

Ask a homework question - tutors are online