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General Law of Contract

12 replies [Last post]
Tue, 2006-05-23 05:11
Ronnie Casono
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Hi all!

I often read in the book the above subject. Could anyone expound on this matter.

Cheers,

Ronnie
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Replies

Thu, 2006-05-25 10:49
#1
Andrew Flowerdew
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Well I guess Holland may stand a chance.
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Thu, 2006-05-25 09:37
#2
Stuart Ness
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Well, it looks like Gwen and I will be supporting the same side in the World Cup - any team that plays against England!! ;-)

[and additionally of course, (for the benefit of my Dutch colleagues and friends!!) I will be supporting Holland!]

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Thu, 2006-05-25 08:31
#3
Gwen Blair
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We infiltrate everwhere Mate! We put the Great into it, otherwise it would have been Little Britain! Just jesting!!!

World Cup Fever is starting!! Had to admit supported Arsenal over Barca, the first time I have ever supported an English team. But Scotland is in the world cup. James Scotland apparantly plays for Tobago and Trinidad or is it Trinidad and tobago I never remember.
Bon chance!
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Thu, 2006-05-25 07:22
#4
Andrew Flowerdew
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Stuart,

Your location is the Netherlands, no reason to think you wern’t born there even if your name has Scottish connotations.

Nice to know you Scots want to be associated with Great Britain though!!!!!!!!!!!!!
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Thu, 2006-05-25 07:13
#5
Gwen Blair
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Please remeber that Scottish Law, like Scottish education is different from English. And before my Shetland freinds pitch in, Shetland is still subject to Odel (spelling may be Odal) Law a form of old Norse law which made working there pretty interesting. Apparently anything found up to the high water mark belongs to the common people. The law did not legistlate for the Brent and Ninian pipeline beach crossings.

French have laws based on Roman law but seem to make new ones up sur le hoof.

Now Irish land tenure laws have even had the great Operators crumbling and left them shame faced recently.
They never learn!
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Thu, 2006-05-25 07:13
#6
Stuart Ness
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Mmmmm....don’t you think that my name is a bit of a give-away?
Or maybe its the way that I roll my rrrrrr’s... ;-)
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Thu, 2006-05-25 07:04
#7
Andrew Flowerdew
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Stuart,

I was waiting for that comment but from someone else, didn’t realise you were from bonnie Scotland.
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Thu, 2006-05-25 06:52
#8
Stuart Ness
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Ronnie,

Just a minor correction to Andrew’s post; there was no such thing as an "...old English Empire". The Empire was British, and we (or even wee) Scots were very much the driving force of significant parts of the Empire, particularly in the Far East.

I would also point out that the law of the Contract, which in international contracts may be the country of the project location or of one or other of the Parties (usually the Owner!), or of a ’neutral’ country, may well be different from the applicable law in the event of arbitration. Therefore, it is very possible for the execution of the Contract to be subject to one legal jurisdiction but a dispute under that Contract may be resolved under a different jurisdiction.

Hope this clarifies,

Stuart
www.rosmartin.com
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Wed, 2006-05-24 04:15
#9
Ronnie Casono
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Hi Andrew!

Thank you very much for the reply Sir.


Cheers
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Wed, 2006-05-24 03:32
#10
Andrew Flowerdew
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Ronnie,

Definately country specific or to be more accurate the legal jurisdiction applicable to the contract as a country may have more than one legal jurisdiction in it.

The applicable country / jurisdiction will usually be named in the contract somewhere.

That said on a very general level several countries may have the same laws but with local differences. This will usually depend on what legal system they use - which is normally historical. Hence why English law, the common law system, can be of use in Singapore, Malaysia, New Zealand, Austrailia, Hong Kong, Canada, Ireland, USA and many others (ie the old English Empire). Each country will have it’s own particular legal rules on specific points but generally speaking contract law is similar in all the countries. Common law sytems are operated in about a third of the world today.

In the rest of Europe where the civil law system in used, Italy, Germany, France, etc they will be similar, again with specific rules in each country. France, Spain and Portugal all had Empires historically so their respective old dependancies have similar legal systems to themselves. Civil law systems are operated in about half the world today but unlike the common law system many countries adopted the sytem but not always the same laws so there is alot more variation to be found in the laws than in the common law countries. Civil and common law is the system used to operate the law, not the law itself.

Hope this helps.
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Tue, 2006-05-23 22:35
#11
Ronnie Casono
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Hi Andrew!

Is it refers to the law of the country where the particular contract is made or are there any generally accepted law of contract which applies to construction contract regardless of its location?

Ronnie
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Tue, 2006-05-23 10:01
#12
Andrew Flowerdew
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Ronnie,

Bit of a large area of law, is there anything in particular you wish to know?
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