I’m trying to learn for my Business class and I’m stuck. Can you help?
I believe forum shopping is ethical in most cases. It mostly depends on the motivation one uses behind the strategy. Like any business face book needs to protect themselves. They are protecting their business from potential situations that will defraud them out of money. They have about one billion users coming from outside the United States and this type of shopping provides their business model with a “home court advantage” over others. If a lawsuit were to happen with plaintiffs out of the Country, they would be able to effectively defend themselves and protect their assets. In the case we have here, Facebook informed the users through their user agreement. If you don’t agree with the terms of the agreement you have the choice not to use social media as a platform.
In the case in question I understand why they used forum shopping. Worldwide there are any users and it is reasonable for Facebook to use this type of legal strategy. Courts should enforce businesses to adopt forum selection clauses with business to consumer contracts. It creates fairness and transparency with the relationship with the consumer and the business. It also benefits both parties involved. When a problem should arise, there isn’t any question as to choosing one court over the next that would be beneficial to one party or another. It is stated upfront and the user agrees to it before ever using the forum. “So, whoever knows the right thing to do and fails to do it, for him it is sin” (James 4:17 ESV).
Facebook didn’t have a forum clause section in their agreement that
would require them to go to the jurisdiction of the state or country
that the incident occurred. This would be costly to them and could
affect their business relations. They would need a large legal team
that would oversee each state and country user to cover all the
jurisdictions that they operate in.
Instructions: Minimum 100-word. Compose a reply for each using a word processor. Each response must be in current APA format and must incorporate at least 1 source to support your opinions and ideas.