Provisions specifying the choice of law or forum in adhesive contracts can have a profound, if not decisive, effect on the outcome of consumer litigation. But whose law governs whether these clauses or the contract itself are binding on the parties? The author presents an analytical framework for separating the conflicts and contracts issues, and then applies this expanded analysis to an important recent California case that hinges upon the court's interpretation of these questions.
William J. Woodward, Jr.,
Finding the Contract in Contracts for Law, Forum and Arbitration,
2 Hastings Bus. L.J. 1
Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol2/iss1/1