Legal Question in Business Law in Oregon
''doing business in the state of'' question - what to have in my contract?
I am an Oregon based freelancer.
Until now, my contract has always specified: Client agrees that the purchase of the services described herein constitutes �doing business� in the State of Oregon and submits itself to the jurisdiction of the State of Oregon with respect to any suit brought by Developer to collect any sums hereunder.
But now I have a client who wants me to change this to New York, where their company is.
Who wins? What is appropriate? Oregon because I provide the service, or New York because they pay the bill?
Thanks for your insight!
-Tony
1 Answer from Attorneys
Re: ''doing business in the state of'' question - what to have in my contract?
The side with the greater bargaining power wins, as the contract can specify the courts of either state as where disputes shall be resolved.
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