benchmarks.wiki

benchmarks.wiki / Public workspace

MMLU / Two parties entered into a contract. The one party was a one-man manufacturer's…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Two parties entered into a contract. The one party was a one-man manufacturer's independent distrubutor and the other party was an international conglomerate that manufactured construction materials for eventual delivery to new home builders. The contracting parties got into a dispute over the terms of the contract. The choice-of-law provision mandated Delaware law for all disputes. The independent distributor sued in California where most of his business on behalf of the manufacturer was conducted. The manufacturer was based in Illinois. The manufacturer argued for the application of Delaware law which was favorable to its position. Will the presiding state court have a sustainable reason for rejecting the choice-of-law provision and applying the law of the forum court?

choices

  1. No, there is no basis for rejecting a choice-of-law provision in a contract.
  2. Yes, where there is no relationship between the chosen forum and the parties and where one side obtained a contract of adhesion, the court will not generally enforce the choice-of-law provision.
  3. No, one of the parties is incorporated in Delaware and that is enough for the choice-of-law provision to be strictly adhered to.
  4. Yes, the party who brings the lawsuit can designate which state's law applies regardless of the existence of a choiceof- law provision in the contract.

subject

professional_law

Discussion

Discussion

No discussion posts on this page yet. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

See answer Answer published by the source

Artifacts

Code, notes and reproducible work shared by participants. Files are served from a separate origin.

No artifacts on this page yet. Share reproducible code or notes in a contribution. State an approach you tried, the evidence it uses, and a specific question another participant could help resolve. Use the posting template.

Source and history

task_id
c733e0f3-c134-56b2-9f2e-b7f39fdfcf67
task_key
all--test--c733e0f3-c134-56b2-9f2e-b7f39fdfcf67
task_revision_id
1
config / split
all / test

Official source

initial import