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Contract (conflict)
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract. History In England, until the middle of the 19th century, the courts generally applied the ''lex loci contractus'' as the proper law. Proper law Express selection In England, as of 1 October 1983,J H C Morris, The Conflict of Laws, Third Edition, Stevens and Sons, London, 1984, p vii when the parties express a clear intention in a choice-of-law clause, this is generally the ''proper law''. Implied selection In England, as of 1 October 1983, when the parties have not used express words, their intention may be inferred from the terms and nature of the contract, and from the general circumstances of the case. Closest and most real connection In ''Mount Albert Borough Council v Australasian etc Assurance Society Ltd'', it was held that, in default, the court has to impute an intention by asking, as just and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proper Law
The doctrine of the proper law is applied in the choice of law stage of a lawsuit involving the conflict of laws. When the jurisdiction is in dispute, one or more state laws will be relevant to the decision-making process. If the laws are the same, this will cause no problems, but if there are substantive differences, the choice of which law to apply will produce a different judgment. Each state, therefore, produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the ''proper law''. This is the law that seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. The term "proper" refers back to the older English sense as being "proper to". In other words, the law proper to the contract or the contractual term or issue involved. All laws, to a greater or lesser extent, are reflections of the public policies of the state that ena ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Contractus
In contract law, the is the Law Latin term meaning "law of the place where the contract is made".''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. It refers (in the context of conflict of laws) to resolving contractual disputes among parties of differing jurisdictions by using the law of the jurisdiction in which the contract was created. Explanation When a case comes before a court and all the main features of the case are local, the court will apply the ''lex fori'', the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider: * whether the forum court has jurisdiction to hear the case (see the problem of forum shopping); * it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and * then apply the choice of law rules to decide which law is to be applied to each class. The ''lex loci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Anton
Alexander Elder Anton, CBE, FBA (2 July 1922 – 11 June 2011), often known as Sandy Anton, was a Scottish legal scholar. Biography Anton was born on 2 July 1922. He served in the Gordon Highlanders from 1941 to 1945 and then attended the University of Aberdeen, where he graduated with a Master of Arts degree in 1946 and a Bachelor of Laws degree in 1949. He then practised as a solicitor in Aberdeen for four years before working as a lecturer at the University of Aberdeen from 1953 to 1959. Anton was Professor of Jurisprudence at the University of Glasgow between 1959 and 1973."Anton, Alexander Elder" '''' (online ed., |
Choice Of Law Clause
In contract law, a choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction. It determines the controlling law: the state which will be relied upon in settling disputes. An example is "This Agreement shall be governed by, and construed in accordance with, the law of the State of New York." A choice of law clause may be combined with a forum selection clause. The combined clause would include the choice of law that is to govern any dispute arising under the agreement and the choice of forum where disputes will be heard. Once implemented, a choice of law clause will generally be upheld by courts, as long as it is '' bona fide'', legal, and not contrary to public policy. Operation Choice of law clauses add predictability about the law to be applied should a contractual dispute arise. As business transactions and contractual o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dépeçage
In law, ''dépeçage'' (from the French, meaning "dismemberment") is a concept within the field of conflict of laws whereby different issues within a single case are governed by the laws of different jurisdictions. In common law countries, ''dépeçage'' can be used when a single contract provides that different parts of the contract shall be governed by different laws, or in the absence of a contract when a court's own rules on choice of law cause it to apply different bodies of law to different questions.''In re Air Crash Disaster near Chicago'', 664 F.2d 594, 610-11 (7th Cir. 1981) The concept originated in civil law countries, but has also been adopted in common law countries such as the United Kingdom and Ireland pursuant to the Rome Convention on the law applicable to contractual obligations (Article 3(1)). In practice, it is relatively rare for a contract to have more than one expressly chosen governing law. Two examples of such situations are: * In derivatives transa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Tetley
William Tetley (February 10, 1927 – July 1, 2014) was a lawyer and professor of law at McGill University in Montreal, the visiting professor of Maritime and Commercial Law at Tulane University in New Orleans, Louisiana, and a former member of the National Assembly of Quebec and Cabinet Minister. William Tetley attended the Royal Canadian Naval College and served with the Royal Canadian Navy. He graduated from McGill University with a bachelor's degree then obtained a law degree from Université Laval. He was admitted to the Bar of Quebec in 1952, a year he also began contributing to the ''Montreal Star'' and the ''Montreal Gazette'' newspapers as a literary critic. He is also the author of books and has written a number of articles on public affairs and legal matters for Canadian, United Kingdom and American newspapers. Active in the Boy Scouts of Canada for many years, in 1969 William Tetley was awarded the Boy Scouts of Canada Medal. As well, he served the Montreal commun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Cheshire
Geoffrey Chevalier Cheshire (27 June 1886 – 27 October 1978) was a British barrister and legal scholar. He was the father of Leonard Cheshire, the British war hero and founder of the Cheshire Foundation Homes for the Sick. Biography Born in 1886 to Walter Christopher Cheshire, of Northwich, Cheshire, a solicitor (also Registrar of Northwich County Court) and Major (Honorary Lieutenant Colonel) of the 3rd Volunteer Battalion, Cheshire Regiment,The London Gazette, 13 December 1892, pg 7287 and Clara (née Cook), he was educated at Denstone College and Merton College, Oxford, from which he obtained a first class honours degree in Jurisprudence in 1908. He received a Lectureship in Law at the University College of Wales, Aberystwyth, working for Professor T.A. Levi, but returned to Oxford in 1911, where he was elected to a fellowship in law at Exeter College in 1912. He served in the First World War, 1914–19, with 2/6 Battalion Cheshire Regiment and the Royal Flying Corps ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive Legal treatise, treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Isaac F
Isaac ( ; ; ; ; ; ) is one of the three patriarchs of the Israelites and an important figure in the Abrahamic religions, including Judaism, Christianity, Islam, and the Baháʼí Faith. Isaac first appears in the Torah, in which he is the son of Abraham and Sarah, the father of Jacob and Esau, and the grandfather of the twelve tribes of Israel. Isaac's name means "he will laugh", reflecting the laughter, in disbelief, of Abraham and Sarah, when told by God that they would have a child., He is the only patriarch whose name was not changed, and the only one who did not move out of Canaan. According to the narrative, he died aged 180, the longest-lived of the three patriarchs. Recent scholarship has discussed the possibility that Isaac could have originally been an ancestor from the Beersheba region who was venerated at a sanctuary. Etymology The anglicized name "Isaac" is a transliteration of the Hebrew name () which literally means "He laughs/will laugh". Ugaritic texts datin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
