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Internationalisation Of Contracts Notes

Law Notes > Contract Notes

This is an extract of our Internationalisation Of Contracts document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INTERNATIONALISATION

OF

CONTRACTS


Cross

Border

Contracts:

* Cross--border

transactions

are

increasingly

common.

* This

refers

to

contracts

in

which

the

parties

are

from

different

legal


systems;

or

in

which

some

obligations

under

the

contract

are

to

be


performed

in

another

legal

system.

* Different

legal

systems

regulate

contracts

differently,

which

creates


the

possibility

of

a

'conflict

of

laws'.

* Consideration

is

not

a

requirement

in

some

legal

systems.

* Legislation

often

modifies

the

common

law

of

contracts

in

particular


ways,

as

in

the

Australian

Consumer

Law

and

the

Insurance

Contracts


Act

1984

(Cth).

* There

are

some

differences

in

contract

law

within

Australia.

* In

the

Northern

Territory,

Queensland

and

Western

Australia,

third


parties

can

claim

under

contracts

made

for

their

benefit,

but

there

are


no

equivalent

provisions

in

other

jurisdictions.

* In

some

states

and

territories,

there

is

specific

legislation

dealing

with


contracts

-

e.g.

the

Misrepresentation

Act

1972

(SA)

and

the

Contracts


Review

Act

1980

(NSW).


Resolving

cross

border

contract

issues:

* Specialist

dispute

resolution

methods


o international

commercial

arbitration;

international

litigation.

* When

a

conflict

of

laws

occurs,

choice

of

law

rules

determine

which


law

applies.


o in

contract

disputes,

the

choice

of

law

rule

is

that

the

law

chosen


by

the

parties

determines

the

parties'

contractual

rights

and


liabilities.


o In

tort

disputes,

the

choice

of

law

rule

is

that

the

law

of

the

place

of


the

tort

governs

the

parties'

rights

and

liabilities

in

tort.

* Conflicts

of

laws

can

be

avoided

by

legal

unification.


Contracting

in

cross

border

transactions:

* In

most

legal

systems,

the

parties

are

free

to

use

the

contract

to

determine


many

aspects

of

the

transaction,

including:


o method

of

dispute

resolution

(e.g.

mediation,

arbitration,

expert


determination,

litigation),


o choice

of

'forum',


o choice

of

the

'governing

law'

of

the

contract.

Buy the full version of these notes or essay plans and more in our Contract Notes.