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- 2002 WL 32357103
Contributed by UnreasonableWoman
Plaintiff booked a voyage with Defendant cruise line. Then, the 9/11 attacks occurred and Plaintiff wanted to rescind, but Defendant refused to issue a refund.
Issue
Can Plaintiff recover under the doctrine of frustration of purpose?
Conclusion
No – Plaintiff’s recovery is barred. Nothing has occurred that renders the contract impracticable or frustrated its terms as contemplated at formation.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- Plaintiff signed space allotment with Defendant cruise line for a Mediterranean voyage. Plaintiff also prepaid all the cruise prices. Plaintiff wanted to rescind after 9/11 and worried that international travel was unsafe. Before signing the contract, however, Plaintiff had explicitly discussed terrorism with Defendant, and Defendant had made a representation to them and memorialized it that a refund would occur in the event of terrorism. In the actual contract though, an integration clause and
- force majeure
- clause barred this actual application unless directed by the government not to travel. Plaintiff made efforts to rescind the contract, but Defendant would not budge or return the purchase price.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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