Problem
Most commercial contracts have forum selection and choice of law provisions. So do many consumer contracts, particularly technology related ones like mobile phone service agreements, cable television and streaming agreements, and other software and applications user agreements. A forum selection clause from Ebay's user agreement appears on page 442 of your text. It is fairly typical of such provisions, although many if not most now also require that disputes be arbitrated rather than litigated in court. What are the relative advantages and disadvantages to the parties (the consumer on the one hand and the provider on the other) of such contractual provisions. Is it fair to require a consumer in a dispute with eBay to seek resolution of that dispute in California. Does the consumer have any recourse?