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Conflict of Laws - Case Study Example

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In the paper “Conflict of Laws,” the author discusses Homecraft, a company that is based in England but has entered into contracts with two companies Gauls and Hantz. Gauls manufactures saws at Paris with parts obtained from Italy, while Hantz manufactures drill bits in Norway…
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Conflict of Laws
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Download file to see previous pages While Community law is likely to prevail since all the locations are within Europe, there is however the question of which Court will bet be able to try the issues involved in the respective cases that each of the four parties will be able to file, i.e, Homecraft against the supplier of parts in Italy and assembler of parts for the saws and the Switzerland company that has tested the drill bits as well as the company in Norway that manufactures the bits. In the case of Homecraft, the cause of action that will arise is that of breach of contract through the supply of defensive merchandise.
In the case of Jack, there is a claim that arises in tort because he has suffered harm as a result of the defective parts in the saw and he may also be eligible to recover non-pecuniary damages, while in the case of Bernard, it is a question of recovery of damages rather than for personal injury and harm. Josef and Harold are parties who have not directly incurred the losses and/or damages that have been caused as a result of the defective equipment. In the case of Harold moreover, there is also an issue of the passage of time that arises, which in some courts may result in an action for recovery of damages being barred by limitation clauses, depending upon the time frame that has elapsed. Limitations if any, may also play a role in any action that Homecraft takes against Gauls and Hantz.
The choice of law in terms of a contract, which is the issue, in this case, will be governed by the principles established through the Rome Convention, which have been given effect through the Contracts (Applicable Law) Act 1990.1 While the principles of the contract are largely governed by common law, the conflicts arise especially in those instances where no law has been expressly chosen by the parties since it gives rise to uncertainties.2 There are choice and flexibility allowed to the contracting parties to choose the applicable law3 however. ...Download file to see next pagesRead More
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