Zapata,a Texas Corporation,entered into a Contract with Unterweser,a German Corporation,to

question 54

Multiple Choice

Zapata,a Texas Corporation,entered into a contract with Unterweser,a German corporation,to tow Zapata's drilling rig from Louisiana to Italy.A storm arose and Zapata told Unterweser to tow the rig into Tampa,Florida.Zapata immediately filed a lawsuit in Florida against Unterweser for damages to the rig.The original contract called for "Any dispute must be heard before the London Court of Justice." The U.S.Supreme Court held that:

• A) Florida has jurisdiction since that is where the oil rig is now located.
• B) The case should be heard in Texas or Germany because that is where the parties are located.
• C) The forum-selection clause is contrary to public policy and will not be enforced; either Florida, Texas, or Germany would be the correct place to hear it.
• D) The parties must adhere to the forum-selection clause and have the case heard in London.

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Definitions:

Phenotype

The observable physical or biochemical characteristics of an organism, as determined by both genetic makeup and environmental influences.

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Heterozygote

An individual having two different alleles of a specific gene, resulting in genetic variation within a population.