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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] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), 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 legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), 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 pacta sunt servanda, 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 jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, Canadian constitutional law, constitutional law, Canadian criminal law, criminal law, Canadian administrative law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), 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 legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), 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 pacta sunt servanda, 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 jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Arbitri
In conflict of laws, the term ( Law Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterisation (conflict), characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ', the law to be applied to each cause of action. Relevant rules include the following. ' ' (Latin for "l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Clause
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause. Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial. All three provisions have attained significant amounts of support and controversy, with proponents arguing that arbitration is as fair as courts and a more informal, speedier way to resolve disputes, while opponents of arbitration condemning the clauses for limited appeal options and allowing large corporations to ef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Selection Clause
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. Forms Forum selection clauses may seek to restrict the choice of forum for litigation in three ways: * The clause may require that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties; * The clause may require that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or * The clause might combine those approaches, such as by first requiring a sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lea Brilmayer
Roberta "Lea" Brilmayer (born 1950) is an American legal scholar. She is the Howard M. Holtzmann Professor of International Law at Yale Law School and an expert in conflict of laws, personal jurisdiction, and international law. Biography Brilmayer received a bachelor's degree in mathematics from University of California, Berkeley. After beginning graduate studies in mathematics, she switched to law, graduating with a JD from UC Berkeley School of Law and an LLM from Columbia Law School. Brilmayer was a professor at Yale until 1991 before leaving to be a professor at NYU School of Law. Prior to her first term at Yale, she was a professor at University of Chicago Law School, where she was at one time the only tenured female faculty member—a distinction she held in the 1980s at Yale as well. She returned to Yale Law School in 1998, teaching contracts and conflict of laws there. In addition to teaching at Yale, Chicago, and NYU, Brilmayer has taught at University of Texas School of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraudulent Misrepresentation
The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor * makes a factual representation, * knowing that it is false, or reckless or indifferent about its veracity, * intending that another person relies on it, * who then acts in reliance on it, to that person's own detriment. Deceit dates in its modern development from ''Pasley v. Freeman''. Here the defendant said that a third party was creditworthy to the claimant, knowing he was broke. The claimant loaned the third party money and lost it. He sued the defendant successfully. Relationship with negligence The leading case in English law is '' Derry v. Peek'', which was decided before the development of the law on negligent misstatement. In '' Hedley Byrne & Co Ltd v. Heller & Partners Ltd'' it was decided that people who make statements which they ought to have known were untrue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has appellate jurisdiction over the United States district court, U.S. district courts in the following United States federal judicial district, federal judicial districts: * United States District Court for the District of Connecticut, District of Connecticut * United States District Court for the Eastern District of New York, Eastern District of New York * United States District Court for the Northern District of New York, Northern District of New York * United States District Court for the Southern District of New York, Southern District of New York * United States District Court for the Western District of New York, Western District of New York * United States District Court for the District of Vermont, District of Vermont The Second Circui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench Of Alberta
The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior trial court of the Canadian province of Alberta. During the reign of Elizabeth II, it was named Court of Queen's Bench of Alberta. The Court was relocated to the Calgary Courts Centre in 2007, and has been located at the Law Courts building in Edmonton since the 1970s. History The court originates from the old Supreme Court of the Northwest Territories, which continued to exist in Alberta and Saskatchewan after those two provinces were created in 1905. In 1907, Alberta abolished the territorial Supreme as it existed in Alberta, and created the Supreme Court of Alberta. The new provincial Supreme Court inherited much of the jurisdiction of the territorial Supreme Court. Some jurisdiction of the territorial court was assigned to several lower district courts created at the same time as the new provincial Supreme Court. In 1921, the Supreme Court was reorganized to have an i ... [...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] |
Vita Food Products Inc V Unus Shipping Co Ltd
''Vita Food Products Inc v Unus Shipping Co Ltd'' 939UKPC 7, is a leading decision of the Judicial Committee of the Privy Council on the conflict of laws. The case stands for the proposition that an express choice of law clause in a contract should be honoured as long as the agreement was '' bona fide'' and not against public policy. The case is significant in the field of contract law, as it greatly expanded the ability of parties to choose the jurisdiction of their contacts. Facts Three lots of herring were accepted by the ''Hurry On'' (owned by Unus Shipping, a Nova Scotia corporation) at Middle Arm, Newfoundland for shipment to Vita Foods of New York. The bills of lading which, the judgment states, " some error or inadvertence ... were old ones used outside Newfoundland", provided for exemption from liability for master’s negligence in navigation which was allowed under the Hague Rules, which further provided that any clause or agreement in the bills of lading relievi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
