This 17 page paper is written in two parts. The first considers why terms of contracts between parties in different countries need to be clear, why they need to be clear and what they should contain. This includes the consideration of jurisdiction and how case maybe brought in different countries, even if a contract specifies a particular jurisdiction. The second part of the paper examines a case supplied by the student. A company purchases wood on a C.I.F contract, when the wood arrives is rotten and infested with maggots, a condition which appears to have taken place prior to the loading of the goods onto the ship. The paper advises the purchaser. The paper is wrtten according to English law. The bibliography cites 10 sources.
Name of Research Paper File: TS14_TEconcif.rtf
Buy This Research Paper »
Unformatted Sample Text from the Research Paper:
clarity and definition of terms as well as the jurisdiction under which the contract will fall. It is this later aspect that may be see as the most problematic. Each
country will have its own set of laws, these may be in accordance, or may be divergent. The basis may be seen in international law and agreements but this will
not always be the case. Therefore, in most commercial contracts the contract will state the jurisdiction that will apply. This means that it is decided which countries laws will be
those under which the contract will operate, and under which there will be any subsequent legal action. In some instances, for example, if both parties are within the European Union,
there will be a much simpler matter of settling jurisdiction than countries where there is no common legal system. Therefore all the relevant terms need to be within a contract
otherwise there may be a dispute that then suppers form the terms or assumption that will be implied by a local court, even where there is a declared jurisdiction.
This should also reflect a sustainable argument for that jurisdiction, otherwise it may be denied. Therefore, the jurisdiction that is given should also be seen as the natural forum.
Where there is a dispute jurisdiction will become an important issue. Even where this is stated in a contract it is necessary for the court to have the power to
deny or refuse that jurisdiction. If this were not the case for powerful companies there may be an issue of using the law of the relevant country that is most
favourable, rather than that which may be most obvious or natural. However, the problem may be seen in the way that the decision is made by the courts as to
Back to Research Paper Results