Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46104 Judge Conner NEW JERSEY corporation brought a breach of contract action against a California corporation. Plaintiff contended that defendant sent it a rate sheet via fax and later sent it a document entitled “Credit Agreement” via fax. Defendant contended, however, that the credit agreement and rate sheet were forwarded together, arguing that the action must be dismissed because the credit agreement contained a forum-selection clause that mandates California as the proper venue. Plaintiff argued that the credit agreement containing the forum-selection clause was not part of the parties’ contract. The court denied defendant’s motion, ruling that, even if defendant is correct and the credit agreement is a valid binding contract, it would not warrant dismissal because the forum-selection clause only applies to disputes that arise under or relate to the credit agreement. The court added that the parties did not intend to treat the credit agreement and the invoices containing the standard terms as a whole.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.