Show Summary Details
Clarkson & Hill's Conflict of Laws

Clarkson & Hill's Conflict of Laws (5th edn)

Jonathan Hill and Máire Ní Shúilleabháin
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 24 June 2024

p. 2114. Contractual obligationslocked

p. 2114. Contractual obligationslocked

  • Jonathan HillJonathan HillProfessor of Law, University of Bristol


This chapter deals with contract disputes which have foreign elements that come before the English court: one or both of the parties may be foreign; the making or performance of the contract may be connected with a number of foreign countries. In this type of case which law is the court to apply? The general principle is that every international contract has a governing law — known at common law as the ‘proper law’and under EU law as the ‘applicable law’. Subject to certain limitations, parties to a contract are free to choose the applicable law; if the parties fail to make a choice, the governing law is, as a general rule, the law of the country with which the contract is most closely connected. The remainder of the chapter focuses on the Rome I Regulation, including its scope and interpretation; determining the applicable law; the limits of the applicable law; articles 5 to 8; and choice of law aspects of various contractual issues.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription