Papers by maryanne irungu
The choice of law in contract has emerged from three main factors the first factor is the place w... more The choice of law in contract has emerged from three main factors the first factor is the place where contract is made, the performance of the contract and the nationality or the place where contract is made. The issue of choice of law in contract becomes more pertinent when there are number of connecting factors involved in the contract. This issue is very common in all countries and almost all countries have tried various methods to solve it out. The English law has applied " the proper law of contract" which is almost sufficient to ascertain the factor which covers the contract. The doctrine of proper law is of common law origin the main feature of this theory is that the parties to contract can chose it with very little restrictions and if there is no expression of choice and the choice cannot be inferred by court than the problem can be solved by looking for the system of law with which the transaction is closely related. In these cases proper law is relevant but the court can go beyond the proper law while taking in to considerations various other issues such as illegality in this scenario the court will not only concerned with illegality of proper law but also with the act of illegality at the place of action.
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Papers by maryanne irungu