California  |  Credit and Debt Law

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10/06/11, 2:58 pm

Legal Question


In a country outside U.S. person A lends large amount to Person B for business development without any contract. Person A flees to U.S. and Person B finds Person A. Both are foreigners/non-nationals in the U.S. Person A is currently living in Los Angeles. Person B wants to get a contract signed by Person A. What should be the forum selection clause (if any) in view of the possibility that Person A may flee to another country again? Is it possible to include in a contract that "an aggrieved party can take a legal action in the jurisdiction where the other party resides or has assets?" or a clause that would state that "Failure to meet undertakings can be considered as acting in bad faith for unjust enrichment. Such failure is subject to criminal prosecution in court of law within and outside of the USA."


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