Legal Question in Business Law in California

Breach of Contract - Legal Juristiction - Internet Law

I'm in CA and 3 wks before class started I bought, thru a 3rd party in AZ, a training class that was in MA. I was to receive materials before class started. I did not receive anything. Scared of internet fraud, I ask for a refund. 3rd party refused stating that a refund request must be submitted 30 days before training. Ask for a credit. At first they agreed but later when I tried to use it, they refused. 3rd party claims I was rude in my email response at the end & that because they didn't spell my name correctly, its fraud and therefore they do not have to give a refund. --- 1) do I have a case to get a refund? 2) Can I sue in CA if 3rd party is in AZ? 3) What are the internet laws with respect to contracts? 4) What code or precedence shows my right to sue in CA? And what law can be used by 3rd party to push fraud based on their misspelling of my name? Any other suggestions or comments would be greatly appreciated


Asked on 8/24/06, 12:34 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach of Contract - Legal Juristiction - Internet Law

Subject-matter urisdiction in a particular state other than the defendant's "home" state (with a corporation, that's where they are incorporated and where their main offices are, can be two different states) depends upon the defendant having sufficient contacts with the proposed forum state so that bringing them before that court comports with "due process and substantial justice." Generally, a company can be sued in any state where they have an office, conduct significant operations, focus their marketing efforts, and so forth. So-called minimal contacts will not suffice. It is also possible to obtain "special jurisdiction" for a particular matter by express or implied agreement of the parties, or when a particular contract was to be performed in the proposed forum state.

In additioin to subject-matter jurisdiction, the plaintiff must also establish the court's personal jurisdiction over a defendant by serving the defendant with process, i.e. proper delivery of the summons and complaint.

My guess is that you can't sue the AZ party in CA because it sounds like a small local outfit and the contract would have been "performed" in AZ by their shipping the materials; but if the AZ company also has outlets or sales staff in CA the answer would be otherwise.

Internet laws of contract are almost always the same as the traditional laws, and where necessary are applied by analogy to use of the regular mails to transmit offers, acceptances, notices, claims, etc. There are a few new statutes relating to electronic commerce. Most of these are designed to make it easier to do business over the Net, e.g. authorizing electronic signatures. Some are designed mainly to suppress or punish fraud.

Fraud, with exceptions not relevant here, requires an intent to defraud. Accidental misspelling of a name is not fraud. I can't say there is no fraud here, butit would take more than a spelling mistake to set it up.

Read more
Answered on 8/24/06, 11:46 am


Related Questions & Answers

More Business Law questions and answers in California