I'm curious as to what types of contracts it doesn't apply to, and what states it doesn't apply in. As you mentioned they exist, perhaps you can let me know which contracts and which states you were talking about?
> don't know what you're smoking,
Silver Skunk, actually. :)As to the law in California, which Slack chose, I'll just take from page 12 of Contracts: Examples And Explanations (Fourth Edition), a book I got in first-year:
"It would be remiss not to at least draw to your attention that courts do not mechanically apply rules of law. Judges and juries are sensitive to the equities of individual cases and the circumstance of the parties, and where a mechanical application of rules achieves a result that seems to be unjust, there is likely to be some adjustment or even manipulation of the rule to avoid it."
So, with the above in mind, let's say that, while they really want the governing law to be based in California, if one party decides to keep this contract squarely governed within Article 33 of the United Nations Commission on International Trade Law's Arbitration Rules (after all, isn't California law in harmony with international law?), then the court would necessarily understand why filing in California, or even only recognizing the limited rights that exist in California law, might not be prudent in all circumstances.
I wish I could send this thread to dang, as an example of the hivemind that HN metamoderation needs to address.