Kubis & Perszyk Associates, Inc., D/B/A Entre Computer, Plaintiff-Appellant v. Sun Microsystems, Inc., Sun…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case, holding that forum‑selection clauses in franchise agreements subject to the New Jersey Franchise Practices Act are presumptively invalid and unenforceable unless the franchisor can demonstrate that the clause was not imposed through superior bargaining power. The decision rests on the legislative purpose of the Act to protect franchisees and on the common‑law rule that such clauses are enforceable only when reasonable.