Dallaire V. Viking River Cruises, Inc.

Annotate this Case

Download PDF

STATE OF MAINE SUPERIOR COURT CNILACTION DOCKET NO. CV-13-45 (J ) 0 (l} V)· f(._ - ((_A// r - 0 I. / /? ./' ,:) ? ' '.6- YORK, ss. ~ / BRIAN DALLAIRE and DEBORAH DALLAIRE, Plaintiffs ORDER v. VIKING RIVER CRUISES, INC., et al., Defendants After careful consideration of all the submitted materials and oral argument on Defendant Viking River Cruises, Inc.'s Motion to Dismiss, the Court concludes as follows: The Dalla:ires entered into two contracts with Viking River Cruises. The first occurred on April 17, 2012 when Ms. Rogers called Viking's representative and made the reservation. At this time there was a valid oral meeting of the minds and each party at oral argument concedes that there was no Statute of Frauds requirement. Further the complaint indicates that paperwork confirming reservation and an itinerary were provided. language. contract. This material did not include any ticket with the choice of forum There was sufficient agreement at this time to create an enforceable Sullivan v. Porter, 2004 ME 861 A.2d 628. The second contract with Viking River Cruises occurs after the issues regarding the loss of the first contract sum with a new travel date of September 15, 2013. This would have included the issuance and acceptance of a ticket with the forum choice language. The court concludes that the first contract occurred with offer and acceptance, but that no ticket was issued and provided to the Plaintiffs. Accordingly, the forum language was never adopted or ratified by the Plaintiffs as part of the contract terms. Accordingly, the Court concludes that the forum clause while part of the second contract by acceptance of the ticket_,never became part of the first. The Motion to Dismiss is therefore denied. Dated: June f%' , 2013 John H. O'Neil, Jr. Justice, Superior Court 2 ATTORNEY FOR PLAINTIFFS: JAMES AUDIFFRED LAW OFFICE OF JAMES L AUDIFFRED PO BOX 1005 SACO ME 04072 ATTORNEY FOR DEFENDANT VIKING RIVER CRUISES, INC: VERNE E PARADIE PARADIE SHERMAN & WORDEN 11 LISBON ST SUITE 202 LEWISTON ME 04240 DEFENDANT BETH M ROGERS PRO SE 15 BERRY ROAD APT 1 SACO ME 04072

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.