Contractual Jurisdiction

When a contract is breached by one party and there is no agreement as to how to resolve the problem, inevitably one side wants to bring a lawsuit.

 

Before filing a lawsuit the case is reviewed to determine if the case will be profitable for the client and who is the right person or entity to file. Next we look closely at "Where the law suit can be brought?" This is the Jurisdiction question. The answer to this question in contract law is largely determined by what the contract says or what the parties understood to be the agreement as to where a dispute would be settled and how. Sometimes they agree to arbitration, which is not a lawsuit at all.

 

Under American federal law, when you have two parties from different nations involved in a legal dispute the courts look closely at their choice of forum clause. If the clause states, for example:  “this contract is subject to … the jurisdiction of the English High Court,” this means that a lawsuit to enforce the contract must be filed in the English court there is no exception.

 

On this 6th day, a time of completion, we remind all business owners of the dangers of using contracts that are pre printed, are created on a website or are not read carefully or not reviewed by counsel. If a deal goes wrong you will be held to what you contract for and agree to. Make sure the final product laid is actually what you want!

We at TEIL Firms wish you a safe and joyous holiday...along with Six Geese a laying!