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Statutes

If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable. If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. (DC ST § 28:2A-106)

Cases

Forum selection clauses are prima facie valid and will be enforced unless enforcement is unreasonable under the circumstances. Forrest v. Verizon Communications., Inc. 805 A.2d 1007 (D.C. 2002)

Comments

Forum selection clauses may be enforced even when they are entered into after a cause of action concerning the contract has arisen. Forrest, 805 A.2d at 1013 (citing Paul Bus. Sys., Inc. v. Canon U.S.A., Inc., 397 S.E.2d 804, 808 (Va. 1990)). Further, non-contract claims that involve the same operative facts as a parallel breach of contract clause fall within the scope of a forum selection clause. Forrest, 805 A.2d at 1014 (citations omitted).

Contributors

Steven N. Leitess
Leitess Friedberg PC

The statutory information was edited and reviewed with the support of MultiState

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