Case brief p266 - Case brief: P266 Chateau des Charmes...

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Case brief: P266 Chateau des Charmes Wines LTD. V. Sabate USA, Inc. 328 F. 3d 528(9 th Cir. 2003) Facts: The purchase of wine corks happened between a Canadian company Chateau des Charmes Wines LTD. and Sabate France owned Sabate USA as a subsidiary. In February 2000, the parties merely agreed by telephone on payment and shipping terms without other terms discussed and any history of prior dealings. In the second telephone, Chateau des Charmes ordered for corks on the same terms and concluded a sale contract. Chateau des Charmes took delivery and paid for each shipment and Sabate France shipped the products and sent invoice. But Sabate France added the forum selection clause on the back of invoice in French. In 2001, Chateau des Charmes appealed because the wine was tainted by supplier’s corks. Issue: Whether or not was the oral agreement between the parties a contract? Whether or not was the forum selection clause on back of invoice in French by defendant considered to be an agreement? Holding:
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