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Essay / Research Paper Abstract
This 6 page paper is written with reference to UK law, and looks at a case supplied by a student where there are international contracts and cases are being brought in different courts. The paper considers the issue of how jurisdiction can be determined and the doctrine of forum non-convenience. The bibliography cites 3 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEinjrst.rtf
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Unformatted sample text from the term paper:
Edwin who is in New York. This is being taken under Greek law in an attempt to assert that a contract is not valid. Mean while Edwin, still in New
York, is taking an action against George in England, taking action under the English Court system. The case here is one that
looks at jurisdiction. 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 the case given by the student the contracts
have stated that action ca be taken in either German, English or American (New York) courts, according to the wishes of the plaintiff. However, just because this is stated in
the contract does not mean it is necessarily the case when a case is brought. Even where this is stated in a
contract it needs to be the right of the court to deny or refuse that jurisdiction. If this were not the case 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 whether or not they should decline jurisdiction. The majority of this appears to be based on case law, with an understanding that
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