Carnival Cruise Lines, Inc. v. Shute
United States Supreme Court
499 U.S. 585 (1991)
The Shutes (plaintiffs) bought cruise tickets from Carnival Cruise Lines (Carnival) (defendant) through a travel agent and only received the full ticket contract, including a Florida forum-selection clause, after purchase; the ticket's face warned passage was subject to the contract's terms, and the Shutes admitted awareness of the clause. After Mrs. Shute was injured on the cruise, they sued Carnival in Washington state, and Carnival moved to dismiss based on the forum-selection clause and lack of personal jurisdiction; the district court agreed on jurisdiction, but the court of appeals reversed, refusing to enforce the clause, and Carnival appealed.
Whether enforcement of a forum selection clause against a party who had no opportunity to negotiate the clause is fundamentally unfair.