Use This Fact Situation to Answer the Related Questions That

question 64

Multiple Choice

Use this fact situation to answer the related questions that follow. A,based in Ontario,enters into a contract with B,in Geneva,Switzerland,whereby B will manufacture and supply to A a certain quantity of watches.The negotiations first took place by faxes between Ontario and Geneva and were then held in person in Geneva.Most of the people connected with the negotiations and the contract live in Geneva and B's manufacturing plant is there.B manufactures the watches and then delivers them to A in Ontario.However,A refuses to accept them because they do not meet the specifications agreed on.There is a marked absence of the actual specifications in the contract,and it also does not contain a jurisdiction clause in the event of a dispute.Having rejected the delivered goods,A now goes out and buys the watches from a German manufacturer at twice the cost of the Swiss watches.
In this case,under Ontario law,A can institute an action in Ontario against B because

• A)A is located in Ontario.
• B)it would be a hardship for A to sue in Switzerland.
• C)A suffered damages in Ontario.
• D)B impliedly consented to Ontario as the appropriate forum.
• E)none of the above

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Definitions:

Product Line

A group of related products marketed by a company under a single brand name.

News Conference

A media event in which newsmakers invite journalists to hear them speak and, typically, ask questions.

Publicity Tool

Methods or strategies used by businesses to generate public visibility or awareness for their products, services, or brand without direct advertising.

Point-of-Purchase Display

A specialized form of sales promotion located near, on, or next to a checkout counter (the point of purchase) designed to attract customer attention and stimulate sales.