Wilson is a long-time client of Attorney Liberty who is seeking help with a sales transaction dispute.
Question:
Wilson is a long-time client of Attorney Liberty who is seeking help with a sales transaction dispute. Liberty has asked you to assist with the case by researching and summarizing information relevant to Wilson's sales contract.Wilson, a resident of Maryland, bought a boat from Rose Ann, a resident of South Carolina. The boat was registered in South Carolina. The sale took place in New York where both Wilson and RoseAnn negotiated and signed the sales contract. Wilson and RoseAnn specified in the contract that, "This agreement shall be governed and interpreted by the laws of the state of Arkansas."
Wilson took possession of the boat and returned home to Maryland. After using the boat only twice, Wilson discovered the boat's engine had mechanical problems. Wilson wants to sue RoseAnn to get his money back.
Wilson filed the lawsuit in New York. (HINT: You are not being asked what law the forum state will use if the parties made an ineffective choice of law.)
1. Analyze and identify which state is the forum state in Wilson's case and why.
- Explain the meaning of forum state in the analysis
2. Analyze whether Arkansas has a substantial relationship with the parties/contract so that the forum state will apply the parties' choice of law, and why.
- Explain and apply the party autonomy rule to support your conclusions
3. Assume that in the sales agreement between Wilson and RoseAnn, the boat was was registered in Georgia, rather than South Carolina.
- Evaluate and explain whether this would change the forum state in Wilson's case and why or why not.
Auditing and Assurance services an integrated approach
ISBN: 978-0132575959
14th Edition
Authors: Alvin a. arens, Randal j. elder, Mark s. Beasley