Non-contractual obligation: Difference between revisions

Jump to navigation Jump to search
no edit summary
No edit summary
No edit summary
 
(7 intermediate revisions by the same user not shown)
Line 1: Line 1:
Of relevance to the [[Rome II]] convention on [[governing law]], {{noncontractualobligations}}
{{a|negotiation|{{image|Contractual Obligation|jpg|Not one of these.}}}}From the “shoot me now” file, the idea of a “[[non-contractual obligation]]” is relevant to:
:(a) the [[terminally pedantic]] and
:(b) those splendid, if [[terminally pedantic]], folk whose handmaiden is the [[Rome II]] convention on [[governing law]].
 
“[[Non-contractual obligations]]” includes claims based on [[tort]] (such as [[negligence]]), breach of [[competition law]] and breach of [[statutory duty]] which may nonetheless arise out of a [[contract]] without amounting to a breach of it. As you can imagine, this happens a lot in the context of financial markets transactions.<ref>It doesn’t.</ref>
 
There is ''bound'' to be some [[Negotiator|well-meaning member of the bourgeoisie]] who will hold-up the conclusion of your deal because there is no mention of [[non-contractual obligation]]s in the [[governing law]] clause. You are best just to smile your kindest smile and, on the inside, wish a plague upon them and their houses, as you insert the language. Don’t even try adding in a sardonic “[[for the avoidance of doubt]]”, tempting though it may be — it may be justified, but they won’t like it and your best outcome is to be shot of this person and their ghastly document as quickly as you can.
 
{{sa}}
*[[Rome II]]
*[[Governing law]]
*[[Non-exclusive jurisdiction]]
{{ref}}

Navigation menu