High Life Sales Co. v. Brown-Forman Corp.

THOMAS, Judge.

In this case we face the issue of whether the Missouri courts should continue to refuse to enforce forum selection clauses that provide that any action brought on the contract shall be brought outside Missouri on the grounds that such a clause is against public policy and void, per se. We adopt, in place of the old rule, the proposition that such a clause should be enforced unless it is unfair or unreasonable to do so. We affirm the trial court’s decision not to enforce the forum selection clause in the present case because we believe it would be unreasonable to require this…