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Lesson 2, Unit 6: The mechanics of the law affecting international…
Lesson 2, Unit 6: The mechanics of the law affecting international business
Litigation
Definition:
A case is brought before a court of law suitably empowered to hear the case, by the parties involved for resolution.
Procedural law:
- role of the presiding officer 2. discovery of evidence 3. trail by jury 4. issue of damages 5. right to appeal
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Conflict of Laws
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Application to Contacts: 1. Place of contacting 2. Where was contact negotiated 3. Place of contact performance 4. location of the subject matter 5. Place of business of the parties.
Application to Torts/Delicts: 1. Place where injury occurred 2. Place where conduct caused injury 3. Place of business of the parties 4. Place where the relationship between parties is centered.
Choice of law Clauses: Parties may stipulate what country/ jurisdiction of law should be applied to the contract.
Commercial disputes with Nations: Sovereign nations are protected from foreign governments when they act as political entities.