Business Law Sample Test

Business Law Sample Test - Management 20153, Business Law...

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Management 20153, Business Law Exam 1, Jurisdiction Before Mrs. Brett Hansen’s jurisdictional questions can be answered, the relevant facts of the case need to be addressed. In this case, Warren Hansen, the husband of Brett Hansen, resided in Yuma, AZ. Warren Hansen registered for a curling clinic to be held in Quebec, Canada by the Club de Curling Chicoutimi. The curling club didn’t handle their own registration, so Mr. Hansen registered through Wild West Adventures out of Flagstaff, Arizona. Wild West Adventures registers participants for a curling clinic in return for a small commission from the Club de Curling. On the receipt that Mr. Hansen received from Wild West Adventures there was a statement that read “All curling clinic participants are subject to the rules and regulations posted at the event.” Mr. Hansen and his wife traveled to Canada to attend the event which started on August 25 th and would last for three days. Mr. Hansen checked in for the clinic, and all rules and regulations were posted in French. Mr. Hansen didn’t ask for a translation nor was he given one. These rules and regulations contained a forum selection clause. On the second day Mr. Hansen fell on the ice and injured his head. Mr. Hansen was transported back to Yuma, AZ by air ambulance where he later died while in surgery to relieve pressure build up in his head. In order to examine the case set forth, one must state the laws that apply. In the matter of acquiring jurisdiction, one must investigate the tests of Subject Matter Jurisdiction (SMJ) and Personal Jurisdiction (PJ) created in the case Helen Remsburg v. Docusearch (2002). A person must have both SMJ and PJ to attain Jurisdiction over another. One must also 1
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explore the case Carnival Cruise Lines v. Shute (1991), to understand how jurisdiction is created by a contract. Under this case, the Bremen Test was used to determine if a Forum Selection Clause in a Contract will be upheld or enforced. The test was created in an earlier case, The Bremen v. Zapata Off-Shore Co., 407 U.S. I (1972). Also, one should look at the case Zippo Mfg. Co. v. Zippo Dot Com, Inc. , (1997). Under this case, an Internet Test was created. This test is used to determine if there are sufficient Minimum contacts to satisfy the 14 th Amendment test for General or Specific Jurisdiction. These laws will be applied to the following case in order to answer Mrs. Hanson’s jurisdictional issues. In addressing Mrs. Brett Hansen’s questions about jurisdictional issues in her case versus Club de Curling Chicoutimi of Quebec, Canada, and Wild West Adventures of Flagstaff, AZ, on the matter of wrongful death A.R.S. § 12-611 (2006), it is necessary to break the process into several steps. Unfortunately the plaintiff’s husband Warren Hansen entered into a contractual agreement with the Club de Curling Chicoutimi that included a Forum Selection Clause. The first step in aiding Mrs. Hansen in making a decision about jurisdiction is to use the Bremen test as developed in
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Business Law Sample Test - Management 20153, Business Law...

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