Facts: Peak performance Pontoons Inc. ("PPP Inc.") had entered into
a contract with Blanc Ski Nautique Ltd. ("Nautique"), a French company. PPP Inc. sold and delivered 1000 pairs of skis to Nautique. M. Guy LaFeur, the President of the plaintiff company is refusing to pay for the skis claiming that Benton Counter had promised 10 pairs of demo skis but did not provide them. Counter says that there was no such promise. Nautique wants the contract voided because the failure to provide the deo skis was a breach of the agreement. PPP Inc. wants the case dismissed and Will Argue, the Barrister for the Defendant, offers two reasons why it should be dismissed. The relevant sections of the contract are shown below:
15. Choice of Law and Choice of Forum
(1) This agreement will be governed in all respects by the law of the Province of British Columbia, to the exclusion of Conflicts of Law.
(2) The application of the Convention on the International Sale of Goods is hereby excluded pursuant to Article 4(2)of the Convention.
(3) The parties agree to attorn to the jurisdiction of the BC International Arbitration Center and all disputes shall be settled by mediation, and failing medication by binding arbitration.
16. Entire agreement
This agreement (consisting of paragraphs 1 through 16 inclusive and any supplements and addenda listed in paragraph 15) represents the entire agreement between the parties with regard to the sale of the equipment herein and supersedes all prior oral and written proposals and communications.
THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT (CONSISTING OF PARAGRAPHS 1 THROUGH 16 INCLUSIVE AND ANY SUPPLEMENTS AND ADDENDA LISTED IN PARAGRAPH 15) AND SHALL BE BOUND BY ITS TERMS AND CONDITIONS.
Judgment (1 mark):
Reasons for Judgment 2 mark):