My response:
Sure, it's done all the time; e.g., credit card agreements - - however, the choice of law chosen by the parties to a consumer lease is not enforceable if it is that of a jurisdiction other than a jurisdiction: (1) in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter; (2) in which the goods are to be used; or (3) in which the lease is executed by the lessee. [UCC §10106(a)].
There is a real danger that a lessor may induce a consumer lessee to agree that the applicable law will be a jurisdiction that has little effective consumer protection, or to agree that the applicable forum will be a forum that is inconvenient for the lessee in the event of litigation. As a result, UCC §10106 invalidates these choice of law or forum clauses in certain circumstances, but has no effect on choice of forum clauses in leases that are not consumer leases. [See UCC §10106, Cal. Assembly Judiciary Committee Comment]
Now, what was it that you wanted to quote from the Honorable Justice Holmes ?
IAAL
[Edited by I AM ALWAYS LIABLE on 06-14-2001 at 06:18 PM]
