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Author Question: Scrivener's error is another (fancier) name for a typo. Indicate whether the statement is true or ... (Read 25 times)

abc

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on: Jun 24, 2018
Scrivener's error is another (fancier) name for a typo.
  Indicate whether the statement is true or false

Question 2

The Blowout Company is a German corporation and manufacturer of the California Custom tire, a tire that is compatible with Harley Davidson motorcycles manufactured in the United States. Tofu Granola, a resident of Santa Cruz, California, purchased a pair of California Custom tires for his Harley. Granola purchased the tires from Goodstone Tires, Inc, a California corporation, at its store in Half Moon Bay, California. The Blowout Company and Goodstone provided assistance to their customers through maintenance of a toll-free hotline. Granola subsequently suffered severe injuries in an accident caused by the separation of the tread on the front tire of his Harley. If Granola files a lawsuit against Blowout in California state court, does such court have personal jurisdiction over Blowout? Why or why not?


joanwhite

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Reply #1 on: Jun 24, 2018
Answer to Question 1

TRUE

Answer to Question 2

Personal jurisdiction is the power of the court over the people summoned to appear before it. This case involves specific jurisdiction. Specific jurisdiction permits a court to adjudicate claims against a defendant arising from or relating to the defendant's activities in the forum state. The first requirement for specific jurisdiction is purposeful availment by the defendant of the protections of the forum. There is purposeful availment in this case as the defendant designed the product for the forum, maintained a distributor in the forum and provided advice to customers on a regular basis. The second requirement for specific jurisdiction is whether the forum is a reasonable location for the resolution of the dispute. California is a reasonable forum for the resolution of this dispute as it has a great interest in the resolution of the dispute, and the plaintiff has a considerable interest in obtaining relief in the forum. Thus specific jurisdiction exists, and the California court may proceed with the resolution of this case.


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