Lively v. IJAM, Inc.
Oklahoma Court of Civil Appeals
114 P.3d 487 (2005)
- Written by Josh Lee, JD
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
Issue
Holding and Reasoning (Goodman, J.)
What to do next…
Here's why 807,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
