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.
Facts: Wilson, a resident of Maryland, bought a boat from RoseAnn, 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.)
Research and prepare a summary report for Liberty addressing the questions and issue below regarding Wilson’s lawsuit.
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.
Summary Report Format
TO: Lillian Liberty, Esq.
FROM: (your name)
RE: Fred Wilson Claim Against Juanita Rogers
Introduction : (A brief summary of the facts.)
Write in correct, complete sentences in paragraph format, unless instructed otherwise.
Use Arial or Times Roman, size 12 font.