Articles Matter
No, not news articles. Those short words that precede nouns. Don’t take my word for it; here’s Judge Emas:
The appellate court determined that the use of the word “the” before the words “proper venue” reflected an agreement by the parties that Broward County was the only proper venue, to the exclusion of all others. ... The forum selection clause in the instant case fails to contain the necessary language of exclusivity found in Golf Scoring, instead referring to the Courts of Malta in non-exclusive terms, compelling a conclusion that Malta is a proper jurisdiction, rather than the only proper jurisdiction.
Michaluk v. Credorax (USA), Inc., Case No. 3D14-985, *12-13 (Fla. 3d DCA May 13, 2015).
Because the contract’s forum selection clause used the article “a” instead of “the” before “proper venue,” the parties can continue to litigate in Florida. Although, Malta sounds fun.
Think twice about what articles you use. They matter.






