It’s just a 100 words reply for a Discussion Board
I’m studying for my Business class and don’t understand how to answer this. Can you help me study?
To me, and in this specific situation, I believe that forum shopping is
ethical. I work at a Personal Injury law firm. Jurisdiction plays a huge
role in what cases the attorney’s are allowed to take, and if the
accident happened outside their jurisdiction they have to point that
client in the right direction to be correctly represented. That makes
sense to me because it’s not a local Nevada’s residents fault that they
got hit by someone that was visiting out of state. They pay for certain
minimum insurance, and I believe it should go both ways. However,
Facebook isn’t like car insurance. Having social media is not required.
You voluntarily sign up for an account and sign an agreement to their
terms and conditions. Each individual that signs up for facebook should
be reading between the lines and understanding what they are signing on
the off chance any issues come up, which I believe you could biblically
relate to the importance of people being more resourceful and paying
attention to the law. Unfortunately (myself included) most people would
probably agree that you don’t want to read agreements to sign up for a
social media account. It seems like a lot to read for what it is, but
once you agree to Facebook’s terms, there is no going back. In that
case, we are all agreeing to what Facebook’s terms are, and they require
that any lawsuits be handled near their home base in California. As the
textbook states, “business firms may take strategic measures-such as
incorporating well-drafted “forum selection clauses” into their business
agreements before any litigation ensues” (Melvin, 2018). Some may find
it unethical to oppose California State Laws onto people around the
world, but I think other courts should enforce forum selection clauses
in business-to-consumer contracts like Facebook because if some people
in the world got preferential treatment due to their state our country’s
policies, it wouldn’t be fair to others that could be experiencing the
same issues in other states or countries. Without the forum selection
clause, facebook would probably have to be subject to each state’s court
because of the location of the user only. However, that would also
cause problems because what if you couldn’t prove where a specific
person was when an incident happened? They could have easily kept their
location the same on facebook, yet moved around and been in a different
jurisdiction when the incident occurred. I read an article on forum
selection clauses, and the writer made good points as to why the clauses
are favorable. One of them being that it can avoid “Legal
representation that lacks the expertise necessary for you to prevail”
(Banerjee, 2018). It is important for businesses to cover their back as
well so that they know they are going to be adequately represented
should any issues arise. Those are a few reasons that I believe forum
shopping is ethical.
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