Canfil is a Canadian communications specialist that focuses on manufacturing telecommunications equipment for export. It concludes a contract for the sale of five million metres of fibre optic cable to a telecommunications operator in Uruguay. The contract is made subject to "the laws of the Province of New Brunswick" where Canfil is located. On the way from the factory in Moncton to Montevideo, the capital of Uruguay, the cable is damaged while being moved by stevedores in Miami. When the damaged cable arrives, the Uruguayan buyer sues Canfil for the deficiency in a New Brunswick court. It is possible that the court may
A) ask a court in Miami to hear the matter.
B) arbitrate the dispute between the parties in the hope that they will reach a settlement.
C) declare that the intentions of the parties regarding where they wanted to litigate are unclear.
D) refuse to hear the parties because one of the parties is not Canadian.
E) declare that it is forum non conveniens because none of the elements of the damage arose in Canada, and impose a stay.
Correct Answer:
Verified
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