Business Law: Smythe/Lasco & BP
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Dagesse brought a personal injury suit against Plant Hotel after being injured in a fall at the Aruba Marriott resort. The Dagesses filed suit in New Hampshire, seeking to have the companies come and defend the lawsuit there. In order for the companies to be obligated to go to New Hampshire the court would have to examine "the extent that a corporation exercises the privilege of conducting activities within a state, if it enjoys the benefits and protection of the laws of that state, Specific personal jurisdiction may be asserted where the cause of action arises directly out of, or relates to the defendant's forum-based contacts."***
In this case the companies did not intentionally use the web for commercial transactions with people in New Hampshire. Just because a company has a web site, does not give New Hampshire jurisdiction.
sample_answer_format:
Dagesse brought a personal injury suit against Plant Hotel after being injured in a fall at the Aruba Marriott resort. The Dagesses filed suit in New Hampshire, seeking to have the companies come and defend the lawsuit there. In order for the companies to be obligated to go to New Hampshire the court would have to examine "the extent that a corporation exercises the privilege of conducting activities within a state, if it enjoys the benefits and protection of the laws of that state, Specific personal jurisdiction may be asserted where the cause of action arises directly out of, or relates to the defendant's forum-based contacts."***
In this case the companies did not intentionally use the web for commercial transactions with people in New Hampshire. Just because a company has a web site, does not give New Hampshire jurisdiction.
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3. In this case Smythe is not correct. There was no contract between the two parties that guarantees the price of $400. Just like any other promotional sale, prices are ...
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