[DroneTek] DroneTek, Inc

question 42

Multiple Choice

[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?

• A) Yes, because forum selection clauses are presumed unreasonable for foreign companies.
• B) No, because forum selection clauses are presumptively valid and will be disregarded only if they are unreasonable.
• C) Yes, because BigBox does not get to choose what type of law is applied.
• D) Yes, because the plaintiff selects where to file suit.
• E) Yes, because there is no jurisdiction.

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