A hunter residing in State A visited a website created and operated by a hunting equipment company. The company is a State B cor
poration, and its headquarters and all its facilities are in State B. It sells its products in several stores in State B and through its website. Its marketing efforts and most of its sales are in State A and State B. Using the company's website, the hunter ordered a hunting stand. The hunter paid for the stand and shipment to State A by providing his credit card information on the company's website. After the stand arrived at the hunter's home in State A, the hunter used the stand while on a hunting trip in State C—a very popular hunting destination. The stand collapsed, causing severe injuries to the hunter. The hunter filed a products liability action against the company in a State C court. The company filed a motion to dismiss the action on the ground that the State C court lacks personal jurisdiction over it. Although the company's website is accessible in State C, the company does not otherwise advertise there, and it does no business there. There is no evidence that the company has sold any products in State C. Does the company have sufficient contactswith State C such that a State C court may exercise personal jurisdiction over it?
(A) Yes, because the company's website is continuously accessible in State C so that people there may purchase products from the company at any time.
(B) Yes, because the company could foresee that its customers would carry the company's hunting products on hunting trips to other states—particularly states where hunting is popular.
(C) No, because personal jurisdiction cannot be based on Internet contacts.
(D) No, because the company does not have sufficient purposeful contacts with State C.
(A) Yes, because the company's website is continuously accessible in State C so that people there may purchase products from the company at any time
Explanation:
Based on the long-arm statute the court at State C can obtain personal jurisdiction over the corporation from State B on the grounds of the acts of the corporation from State B and that the corporation from State B and the plaintiff have minimum contact with the State B
The corporation from State B has a website that is continuously accessible in State C, so products can be bought online from State C and that the liability action is due to the injury caused by the collapse of the stand the hunter used in State C
counterclaim is defensive process in which person or party made opposing claim. If one party file case against other it is called claim and if other party file case against first party to offset claim it is known as counterclaim. i-e if company A file claim that company B fraud in contract it is known as claim and similarly if company B files claim that Company A is responsible and made fraud it is known as counterclaim in legal action.
In psychology, script would determine the set of behaviours that a person tend to do when facing a certain situation. The formation of script usually influenced by several factors, including knowledge, previous experience, relationship with other people, or even personalities.
<span>The Sahel is a zone of transition
in Africa between the Sahara Desert to the north and the Sudanian Savanna to
the south. The climate takes elements from both climates. The recent global warming trend has led to desertification and this has led to the Sahara expanding into Sahel.</span>
