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Lively v. IJAM, Inc.

Oklahoma Court of Civil Appeals
114 P.3d 487 (2005)


Facts

V.J. Lively (plaintiff), a computer technician, purchased a computer from IJAM, Inc. (IJAM) (defendant). Lively had found the computer on a website operated by IJAM and ordered the computer by phone for a customer. Lively paid for the computer when he ordered it, and the computer was delivered later. IJAM inserted an invoice into the package with the computer that was shipped to Lively. The invoice contained a forum-selection clause, which selected Georgia as the preferred jurisdiction for disputes under the contract. The computer malfunctioned, and Lively sent the computer back to IJAM for repair. IJAM never returned the computer. Lively sued IJAM in a small-claims court in his home state of Oklahoma, seeking the return of the computer or the value of the computer. IJAM moved to dismiss the lawsuit based on the forum-selection clause. The trial court found in favor of Lively and awarded damages equal to the value of the computer. IJAM appealed to the Oklahoma Court of Civil Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Goodman, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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