Barrett v. Picker Internatl., Inc

In Barrett v. Picker Internatl., Inc. (1990), 68 Ohio App.3d 820, 826, 589 N.E.2d 1372, the third-party beneficiaries of a trust argued that they were not bound by a forum selection clause because they did not "fairly bargain for" the trust terms. The court rejected their argument. The court stated that "it is axiomatic that choice of forum clauses in contracts promote stable and dependable contractual and trade relations." Barrett at 826. Allowing a third-party beneficiary to avoid an otherwise enforceable contract provision would be inconsistent with contract law. See id. Therefore, the court found that the "plaintiffs' status as third-party beneficiaries could not be used as both a sword to reap the benefits of the Trust Plan and a shield to protect them from enforcement of the forum selection clause." Id.