Conflict of Laws - Contract Flashcards
What does Rome I apply to?
Contracts entered into on or after 17 Dec 2009
What is Article 3?
Parties free to choose governing law
How do parties choose the law?
Express or implied by circumstances
What happens if no choice of law?
Must look at contract type
What is governing law for sale of goods contract?
Seller’s habitual residence
What is governing law for provision of services contract?
Service provider’s habitual residence
What is governing law for land contracts?
Where the land is located
What is governing law for distribution contracts?
Distributor’s habitual residence
What is habitual residence meaning?
Company – central administration. Individual – principal place of business.
What does Article 4(3) of Rome I suggest?
That despite habitual residence, if a contract is more closely connected to another country, it will likely displace the default result.
