[DroneTek] DroneTek, Inc., a Swedish company, produces drones that are sold in the United States and many countries. DroneTek's D2000 model is a top seller in Illinois, where Reymond lives. While vacationing in Mexico, Reymond purchased a D2000 drone. Unfortunately, during a tour in Mexico City, the blades of the D2000 broke from the unit and caused serious and permanent injury to Reymond. Reymond wants to file suit in Illinois against DroneTek for its defective product.
-After Reymond's accident, DroneTek created the D3000, a much safer unit. Tristyn, an International Sales Manager with DroneTek, is negotiating a deal with BigBox Stores, a U.S. company, to sell the D3000 exclusively in BigBox Stores in the United States. The contract from BigBox Stores states that all disputes will be resolved in an Illinois court using Illinois law. Tristyn knows his bosses would be furious if DroneTek had to litigate a case in Illinois, but Tristyn believes the contract provision would not be enforceable. Is Tristyn correct?

Question

Quizplus · Accepted Answer

Forum selection clauses are generally considered valid and enforceable unless they are shown to be unreasonable or unjust. The presumption is in favor of the clause's validity, and it is up to the party challenging the clause to demonstrate its unreasonableness.