Question

Alberto Corelli offers to pay $2,500 to purchase a painting titled Moonrise from Tara Shelley, an artist whose works have been causing a stir in the art world. Shelley accepts Corelli’s offer. Assuming that the contract has met all of the requirements for a valid contract, answer the following question:

Agreement in E-Contracts. Both parties are adults. Shelley, on her website, offers to sell the painting for $2,500. Corelli accepts the offer by clicking on an “I accept” box on the computer screen displaying the offer. Among other terms, the online offer includes a forum-selection clause stating that any disputes under the contract are to be resolved by a court in California, the state in which Shelley lives. After Corelli receives the painting, he notices a smear of paint across the lower corner that was not visible in the digitized image that appeared on Shelley’s website. Corelli calls Shelley, tells her about the smear, and says that he wants to cancel the contract and return the painting.

When Shelley refuses to cooperate, Corelli sues her in a Texas state court, seeking to rescind the contract. Shelley claims that any suit against her must be filed in a California court in accordance with the forum-selection clause. Corelli maintains that the forum-selection clause is unconscionable and should not be enforced. What factors will the court consider in deciding this case? What will the court likely decide? Would it matter whether Corelli read the terms of the online offer before clicking on “I accept”?

Answer 1

PLEASE LIKE THIS ANSWER, IT HELPS ME A LOT. THANK YOU!!!

EXPLANATION:

On the Shelley 'website, it was specifically stated that the deal should be decided in California by the Court in the event of conflict. The Court shall consider the Shelley's online strategy and review all its provisions including the settlement of conflicts and substitution or return methods. Furthermore, the court will determine whether Corelli was at the time of the contract mentally ill or not.The judgment in favor of Shelley that be granted because Shelley has pressed the 'I agree' button, meaning that Corelli accepts all online selling requirements (including dispute settlement method) proposed by Shelley. It is very important that each buyer read all terms and conditions relating to online transactions before accepting the bid. Corelli definitely had to read all the specifications before the bid was approved.