This website uses cookies to ensure you get the best experience on our website. Learn more

Law Notes Contract Notes

Internationalisation Of Contracts Notes

Updated Internationalisation Of Contracts Notes

Contract Notes

Contract

Approximately 300 pages

Contract I notes discuss, in detail, the components behind the formation of a contract under Australian law. Contract II notes follow up from Contract Law I, and thoroughly examine the process of terminating a contract....

The following is a more accessible 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.