Wright v. Safari Club International, Inc.
322 Ga. App. 486
| Ga. Ct. App. | 2013Background
- SCI is a nonprofit devoted to wildlife conservation; Wright was a long‑time SCI member and bidder at SCI auctions.
- In 2007, Wright won a 14‑day safari to South Africa/Namibia arranged by WABI; WABI later canceled portions, leading to Wright’s breach/FBPA suit against SCI.
- WABI was initially sought to be joined; trial court deemed WABI indispensable but outside jurisdiction, Wright appealed, and we reversed partial rulings on jurisdiction.
- Wright later moved to join WABI, with service attempted per Namibian law or Georgia law; SCI moved for summary judgment; Wright sought a default against WABI which the trial court denied.
- After proceedings, case No. A13A0130 (breach/FBPA) and case No. A13A0670 (WABI dismissal) were consolidated and decided, with judgment affirmed on one and reversed on the other.
- The core issues concern the enforceability of nonrefund/disclaimer provisions and the propriety of joinder/dismissal of WABI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FBPA claim based on disclaimers | Wright argues the pre‑sale and Buyer’s Agreement disclaimers are deceptive. | SCI contends disclaimers are sufficiently prominent and unambiguous, not deceptive. | Disclaimers were sufficiently prominent; FBPA claim based on them rejected. |
| Enforceability of the disclaimer to defeat breach | Disclaimers may not bar Wright’s contractual remedies. | Buyer’s Agreement expressly limits liability; disclaimers bar breach claim. | Disclaimer enforceable; breach claim defeated. |
| Applicability of UCC/Promotion definitions | Wright argues UCC/promotion definitions apply to the disclaimers. | UCC/promotion notions do not apply here; standard contract law governs. | UCC/promotion analyses not applicable; warnings are contract terms. |
| Joinder/dismissal of WABI | Trial court erred by sua sponte dismissing WABI after joinder. | Joinder proceedings and service complied with court orders; dismissal improper only under particular facts. | WABI dismissal reversed; joinder proceedings respected; court should not have dismissed without proper leave. |
Key Cases Cited
- Tiismann v. Linda Martin Homes Corp., 281 Ga. 137 (Ga. 2006) (disclaimer prominence controls FBPA/deceptive-practice inquiry)
- Bonem v. Golf Club of Ga., Inc., 264 Ga. App. 573 (Ga. App. 2003) (nonrefund/disclaimer enforceability principles)
- Matthews v. Riverside Academy, 45 Ga. App. 30 (Ga. App. 1932) (nonrefund provisions generally enforceable)
- O'Brien Family Trust v. Glen Falls Ins. Co., 218 Ga. App. 379 (Ga. App. 1995) (read-and-understand contract binding; fraud exception limited)
- Wyatt v. Hertz Claim Mgmt. Corp., 236 Ga. App. 292 (Ga. App. 1999) (read-and-readability principle; contract terms binding)
- El Chico Restaurants, Inc. v. Transp. Ins. Co., 235 Ga. App. 427 (Ga. App. 1998) (joinder/leave doctrine in practice)
- Dollar Concrete Constr. Co. v. Watson, 207 Ga. App. 452 (Ga. App. 1993) (leave of court required to add party by amendment)
- Rivergate Corp. v. McIntosh, 205 Ga. App. 189 (Ga. App. 1992) (FBPA elements; deceptive acts standard)
- Jeter v. Credit Bureau, 760 F.2d 1168 (11th Cir. 1985) (deceptive-practices standard under FTCA guidance)
- Removatron Intl. Corp. v. FTC, 884 F.2d 1489 (1st Cir. 1989) (promotions/disclosures must be conspicuous to avoid deception)
- Choice Hotels Intl., Inc. v. Ocmulgee Fields, Inc., 222 Ga. App. 185 (Ga. App. 1996) (contract terms presumed read; reading obligation burden on party)